Appellate judge withdraws from 204 Raub durian farmers' review

A Court of Appeal judge has recused himself from hearing a review bid by 204 Raub durian farmers to maintain their orchards, pending their appeal to nullify the Pahang government’s attempt to evict them.

During open-court proceedings before a three-person appellate bench this morning, panel member Wong Kian Kheong disclosed a connection with Brendan Navin Siva, one of the lawyers representing the farmers.

Brendan and other counsel representing the farmers and Pahang government then indicated they have no objection to Wong (above) remaining on the panel.

“In my view, it is more transparent for me to withdraw. While I am thankful to parties having no objection, but to ensure transparency and integrity of proceedings, I still wish to recuse (myself),” Wong said.

The bench’s chairperson Supang Lian then fixed case management today to set a new hearing date, with a new judge to constitute the three-person panel.

The other bench member is Azhahari Kamal Ramli.

Today was set for review against the appellate court’s earlier decision denying the farmers’ application to be allowed to enter their orchard and maintain the fruits, pending disposal of their main appeal.

However, the Court of Appeal then ordered the Pahang Agricultural Development Corporation to maintain the trees and the fruits, ruling that there should be no destruction of any structure on the land pending disposal of the farmers’ main appeal.

Judicial review denied

The main appeal is targeting the Kuantan High Court’s verdict on April 24, which denied the farmers judicial review against the Pahang government’s attempt to evict them.

Judge Mohd Radzi Harun passed the verdict after reading the grounds of judgment for more than an hour.

Aside from rejecting the judicial review application, the court also ordered the farmers to pay RM100,000 to every respondent in the case, which included the state government.

In making the judgment, the High Court ruled that it was the farmers who had trespassed, and as trespassers, they did not have the locus standi (legal standing) to apply for a judicial review.

The farmers were also not supposed to file a judicial review application as an eviction order is not something that can be reviewed in court, it said.

The attempted eviction is linked to land planted with Musang King durian trees around Raub, about 170km from Kuantan, including in Sungai Ruan, Sungai Chalit, and Sungai Klau, which is estimated to be 2,167ha.

A total of 110 farmers filed the bid on Aug 28, 2020, while the remaining filed a similar application on Sept 9 the same year.

They named the Raub district land administrator, Pahang Forestry director, state authorities, the Pahang government, Pahang State Agricultural Development Corporation, and Royal Pahang Durian Resources PKPP Sdn Bhd as respondents.

The state government’s legal adviser Saiful Edris Zainuddin represented the Pahang government.

'Don't just bulldoze': Ex-MP wants better solutions on farmer-occupied land

Court quashes 204 Raub durian farmers' judicial review bid

Raub MP urges Pahang MB to review durian farm land lease conditions

204 Raub durian farmers granted leave in suit against Pahang govt