A technical error would have put paid to Broga residents' fight to halt a mammoth incinerator project nearby, if not for a second chance given by a High Court judge in Shah Alam today.

The glitch was in not naming the government and the project proponent as defendants in the main suit filed on Nov 8, 2003, seeking full disclosure of project details by Alice Lee on behalf of Kampung Broga residents.

Justice Suriadi Halim Omar gave them two months to make the relevant amendments and to prepare the necessary papers before the case comes up for mention on Sept 22.

"You have missed naming the main responsible (bodies) that you need to drag into this. You missed the catch-all of the Government of Malaysia as a party," he told counsel for Broga residents, T Uma Parvathy.

After a brief silence following some questions from the judge, Uma tried to argue that today's matter was to hear an application for an interim stay order pending disposal of the main suit.

But Suriadi quickly pointed out that other applications would be useless if those who were directly involved were not even a party in the action.

"You may win the battle (now) but lose the war (later)."

He said the government or parties who were directly involved in the project should be the ones answering the issues raised.

"Bring in the federal government. Bring in the parties who are responsible for the project. Why are you dragging in irrelevant people?"

The government has kept a tight lid on the project, except to say that the 1,500-tonne capacity plant was safe and necessary to solve the garbage disposal woes in the Klang Valley.

Broga resident have been repeatedly stonewalled by the authorities for requesting full project details such as funding, contingency plans and the risks to public health and the environment.

'Wrong' defendants?

Earlier, senior federal counsel Suzana Atan appearing for the Science, Technology and Environment Ministry (as it was known then) director-general said she did not reply to the residents' claims because she did not represent the Government of Malaysia.

"I can't speak for the government (as a whole) or the project proponent (Housing and Local Government Ministry) since only the Science, Technology and Environment Ministry was named."

Selangor legal advisor Badariah Hassan who appeared for Selangor Land and Minerals Department director used the same argument in saying that the incinerator was a federal project and had nothing to do with the state government.

Suriadi subsequently ordered a brief stand down for Uma to consult the residents in re-thinking their next course of action.

When court resumed, Uma told hin that they will file for the amendments to be made and asked for a fresh stay order to be granted, at least to stop further land acquisition by the state.

The judge told Uma to first amend the originating summons and the application for a stay order.

"The total effect is that the stay, if granted, would only apply to the named defendants. Your application for stay is a pointless exercise because there is no effect on the Government of Malaysia. You must see the big picture."

He also felt that granting such an order would be an abuse of the court process.

"I may not want to grant a stay because those you want to serve it on are not party to the suit yet."

In fixing Sept 22 for case mention, Suriadi also went a step further to fix Aug 17 for the senior assistant registrar to hear Uma's application to amend the originating summons.

Another suit by residents of Taman Tasik Semenyih, a nearby housing estate less than two kilometers from the project site, is also in the offing.

Not necessary

Asked later why the government and project proponent were not named in the originating summons, Uma said it had not been necessary to add them.

"It's a technical issue not to add the federal parties. There was no necessity then because we had already named the relevant parties in the suit.

"But we will file the necessary amendments and add the government, the ministry and whoever else we may think is relevant."

Lee, when met outside the court complex, said the residents were relieved by the way the judge has been handling the matter.

"We feel lucky and thankful that our case is being heard by him. He has been very fair to both sides and has made many helpful suggestions along the way.

"If not for his sense of fairness, we would have lost our cause today," she said.

"I didn't dare think of getting a fair hearing especially in a case against the government and knowing how things work in Malaysia, but this judge has given us hope."

About 30 Broga residents mainly elderly rubber-tappers and farmers made the 90-minute journey to court in a chartered bus today.

On May 25, Lee was declared the legitimate plaintiff in the action, a point disputed at length by government lawyers.

The RM1.5 billion mammoth incinerator project was relocated to Broga in Nov 2002 following intense public objection from residents within the original location of suburban Puchong, just outside of Kuala Lumpur.

Special Branch officers were also present in the courtroom.

The Bar Council has a representative to hold watching brief.