The case of SRJK Sin Chung, a Chinese primary school which is embroiled in a land tussle with property developer Motif Era Sdn Bhd, will now be heard in the Butterworth Sessions Court tomorrow.

Penang state executive councillor Dr Toh Kin Woon, who was at the court this morning, told malaysiakini that the hearing scheduled for today was postponed because the judge is on leave.

The court's decision will be crucial in deciding the fate of the 46 students registered for the school this year. This will determine whether to allow the developer to go ahead with the demolition or wait until a new school is constructed.

Toh said 45 of the students turned up at the original school premises for the new school year, which begins today. One pupil was absent due to illness. Of the 46, 18 are Malay Malaysians while the rest are Chinese Malaysians.

Parti Keadilan Rakyat Penang deputy chief CK Law, who was also at the court today, said more than 100 villagers were present, together with politicians from both the ruling coalition and opposition parties.

Among them were MCA's Ayer Puteh state assemblyperson Lye Siew Weng, and the DAP's Bukit Mertajam parliamentarian Chong Eng ( photo ) and Sungai Puyu state assemblyperson Phee Boon Poh.

The vernacular school - located in Prime Minister Abdullah Ahmad Badawi's electoral constituency - ran into difficulties when Motif Era obtained a court order to clear the land for its mixed-development project.

Another site has been ear-marked for the construction of a replacement school.

Road blocked

On Dec 2, the developer tried to tear down the school building but failed after residents and politicians mounted a strong protest. This was because the replacement school has yet to be approved by the local council.

The developer has twice fenced up the school compound. The fence was torn down by the local council each time. Police had to be later stationed at the school to prevent the developer from boarding up the school for the third time.

The only road leading up to the school has since been blocked by a makeshift drain dug by the developer.

Last week, the developer had threatened to cite five politicians who had criticised the demolition - three from Barisan Nasional and two from the opposition - for contempt of court but the plan fizzled out after their own lawyers failed to turn up in court.