By Gary Yeoh; JAC Bukit Gasing 


YB Sivarasa Rasiah - Legal Counsel for JAC for Bukit Gasing

 Sivarasa Rasiah; Legal Counsel for JAC for Bukit Gasing talking to the media after the High Court hearing


Derek Fernandez - Legal Counsel for JAC for Bukit Gasing

 Our lawyers Sivarasa Rasiah & Derek Fernandez at the High Court.  Bukit Gasing State Assemblyman, YB Edward Lee was also present.  


KUALA LUMPUR: Today’s hearing, which is a continuation of the Wed. 23rd April Stay Order hearing, did not reach a conclusion as we ran out of time. The court has set Monday 5th May 2008 at 2:30pm for continuation of the hearing.


Our lawyer Sivarasa Rasiah (supported by Derek Fernandez) opened the hearing with a re-cap of our ‘prayers’ (legal term for points that we are asking the court to rule) that had been accepted by the High Court to be heard.  Madam Lau Bee Lan (the judge that granted us ‘leave’ to proceed with our Judicial Review application) preceded over the hearing.


The Stay Order is to prevent DBKL from issuing development orders or allowing any development orders (if it had been issued) to be acted upon. If development orders are not ‘stayed’, it would result in Gasing Meridian (GMSB) being able to start destroying the hill and put our lives and property at risk.  The main arguments for Judicial Review was to compel DBKL to give us a public hearing. A public hearing would quickly put paid to any claims by DBKL that GMSB’s plans for proposed development are safe and that DBKL is fulfilling its responsibilities to the citizens in KL and affected residents.


The substance of our lawyers’ argument was on the need for Stay Order to be granted. It forms an essential part of making the accepted Judicial Review meaningful. That is to say, if development were to start before conclusion of our Judicial Review, our ‘winning’ the High Court’s judgement to have a public hearing enforced on DBKL would be in practice meaningless. The hill would be destroyed and our lives will already be put at risk.


Sivarasa highlighted DBKL’s lack of response to the court’s direction that they provide us with information and the late filing of affidavits by DBKL. Affidavits from GMSB, dated 15th April and received just 4 working days before 23rd April revealed some details of the 3 approvals issued by DBKL to them. DBKL did not provide any information until the day before the hearing of 23rd April.


Sivarasa presented to the court that the approvals, consisting of Sub-division of Land, hoarding work and earth works, are in effect attempts to circumvent the Federal Territories Planning Act (1982). He proceeded to present certain legal points on what DBKL should have considered, and began to elaborate on how approvals by DBKL are in effect Development Orders, such as to bring into focus the need for Stay Order to be granted.


As those who were at the court on Wednesday would know, the late filing of affidavits and DBKL/GMSB tactics caused Wednesdays hearing to adjourned and resumed today. DBKL and GMSB lawyers did the same again today. They argued against allowing Sivarasa to continue his arguments by arguing along certain legal principle of Judicial Reviews.  Essentially, they were rattled by Sivarasa’s argument that all the approvals given by DBKL are legally part of the Stay Order argument.


As many would have read in the Press, DBKL had admitted to being wrong with regard to ‘no development orders had been issued’ and admitted that earth works development order had been issued. Some poor DBKL legal hack has to be made a scapegoat for the deception of the Deputy Federal Territories Minister and us by DBKL.


We do not expect DBKL and GMSB to be interested in justice and fairness. We can expect that they will continue along the certain legal niceties to obscure the fair arguments our lawyers will be presenting to the Judge for a just decision on the Stay Order.


Fundamentally, our case is strong. Corruption cannot be always kept under cover!


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