Apex court to hear Orang Asli's appeal over desecration of ancestral graves
Rosli Jedut and six other Orang Asli are seeking compensation from Agrobest (M) Sdn Bhd and two employees for the alleged destruction of ancestral graves at Kampung Batu 20, Pekan, eight years ago.
PUTRAJAYA : The Federal Court has agreed to hear an appeal by seven Orang Asli villagers from Pekan against a private firm on the alleged destruction of their ancestral graves for agriculture development.
Rosli Jedut, Atan Baro, Melah Hamid, Awang Bako, Esah Wir, Kasim Awang, and Majib Kasim filed a lawsuit against Agrobest (M) Sdn Bhd and two employees, seeking compensation after the graves in Kampung Batu 20 were allegedly overrun by bulldozers eight years ago.
They claimed the company and employees had disrespected their ancestors and culture.
The Kuantan High Court ruled in 2023 that the company was liable for the wrongful act and awarded each of the plaintiffs RM20,000 as damages.
However, the appeals court set aside the decision last year, ruling that the seven men lacked the legal standing to file the suit. It said they no longer had possession and control of the land.
Lawyers Steven Thiru and Ananthan Moorthi told FMT that a panel of three apex court judges, led by Justice Nordin Hassan, had on Thursday granted the seven men leave to appeal in their bid to reinstate the High Court ruling.
Also on the bench hearing the application were Justices Abu Jais Bakar and Vazeer Alam Mydin Meera.
'The Federal Court held that important questions of law were raised concerning the rights of the Orang Asli in Peninsular Malaysia, which required a full determination by the highest court,' they said.
The questions of law touch on issues relating to locus standi, the extinguishment of rights, and duty of care.
Lawyers Henry Ngok and Ng Si Hui appeared for the company and employees.
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