There was high drama today as the Sessions Court allowed the demolition of a Butterworth primary school but its order was suspended by the High Court two hours later.

However, the decision by the Penang High Court to allow a stay in the execution of the Sessions Court order failed to save the school's toilet and canteen from destruction as demolition had already begun.

The stay order nevertheless came in time to stop property developer Motif Sdn Bhd from destroying the main school building where students conduct their classes.

At 10am today, the Butterworth Sessions Court ruled that SRJK Sin Chung had no right to stop Motif Era from demolishing the primary school and reclaiming its land.

Judge Julie Lack had also rejected the school's application for a stay order pending an appeal to the higher court.

Soon after the decision was announced, the developer jumped into action to begin demolition work.

Forty-six students at the school were ordered to vacate their building as tractors and workers moved in.

A number of the school's teachers and students broke into tears as their school was being demolished. As the demolition began, some of the students were still having their classes while others were having their meals at the canteen.

Back to classes

Outraged villagers from the vicinity of SRJK Sin Chung got into a scuffle with demolition workers when tractors later attempted to pull down the school's main building.

A team of riot police was rush to the scene to restore order and the building was then sealed.

At 12.15pm, on receiving an appeal from the school's lawyers, the High Court granted a stay order to the demolition.

But by then, the school's fence, toilet and canteen had already been destroyed.

Despite this, students are expected to return to classes tomorrow and will have to do without a number of amenities.

According to Khaw Veon Szu, one of the four lawyers representing the school, the High Court will be hearing SRJK Sin Chung's appeal but no date had yet been set.

The Chinese primary school has been embroiled in a land tussle with Motif Era over the past few months which saw threats of legal action against a number of politicians and the police being called in to diffuse a heated stand-off between the developer and residents.

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

Another site has been ear-marked for a replacement school three years ago but its construction was held back as the building plan has yet to be approved by the government.

No one can help

According to the prime minister's press secretary Teoh Ai Hua, Abdullah - who is currently on leave - could not immediately comment on the matter.

Penang Parti Keadilan Rakyat deputy chairperson Law Choo Kiang said the incident showed that Barisan National's Chinese-based parties have little clout in the ruling coalition.

"This incident happened in the electoral constituency of the prime minister and the only state that has a Chinese chief minister. Moreover, over half of the audience in court today are ruling parties' politicians and supporters yet this had happened," said Law when contacted.

"The Education Ministry, state assemblymen, parliamentarians and the prime minister have all failed to save the school from demolition even as students are attending classes there," he decried.

Penang Chinese school committees' association chairperson Yong Yoon Kooi lamented that the threat of demolition had not taken seriously and "this had led to the tragedy today".

He also claimed that the developer had verbally threatened to burn down the school.

"Together with the school committee and parents, we will lodge a police report soon regarding the threat," he added.

Penang Chinese Schools Alumni Association chairperson Kho Hai Meng told malaysiakini that he was especially disappointed with Abdullah as the prime minister failed to come forward to help the school.

"This school is in his electoral constituency but all he did was ask his political secretary to write a letter of appeal to the relevant authority. I am extremely disappointed," he said.