Update on High Court Hearing of Friday, 16th May 2008


Residents of Bukit Gasing with lawyer Derek Fernandez outside the Kuala Lumpur High Court. JAC for Bukit Gasing members Gary Yeoh (in white) & Victor Oorjitham (back row in blue). Also present in support of our cause is Selangor Exco YB Elizabeth Wong, MP PJ Selatan YB Hee Loy Sian & ADUN Bukit Gasing YB Edward Lee. 


Today’s hearing was to have been one of obtaining leave to proceed with a 2nd Judicial Review, arguments relating to Stay Order request, and time permitting the consolidation of the Judicial Reviews filed by 108 applicants against DBKL/Gasing Meridian on the proposed development. Alas, it was not to be.


After some 10 minutes of recapping and retracing the case from previous hearing, the hearing again got bogged down with DBKL and GMSB objecting to ‘leave to proceed’ with the 2nd Judicial Review request. Legal arguments on ‘time limitations’ were trotted out to prevent the 2nd Judicial Review leave being readily granted.


JACBG lawyers had wanted to present arguments on the legality of the 3 approvals given by DBKL to GMSB with respect to the Federal Territories Planning Act at the hearing of 25rd April. But was prevented from doing so by both DBKL and GMSB lawyers. They took issue to questioning about approvals provided by them in their affidavits on basis of it not being mentioned in the initial Judicial Review application. How does one mention matters that one has no knowledged of?


The 2nd Judicial Review filed on 5th May 2008 requests the High Court’s review on the legality the 3 approvals (sub-division of land, hoarding work and earthworks) given by DBKL as they appear to be attempts to circumvent the Federal Territories Planning Act. Given the tactics employed by DBKL and GMSB lawyers, this was a necessary to facilitate arguments on how DBKL is not acting in accordance to FT Planning Act to have the Stay Order granted.


Late affidavits from DBKL and GMSB, and consequential delay in affidavits-in-reply such as on 23rd & 25th April and 5th May 2008 had made smooth progress on hearings difficult.


The 5th May 2008 hearing was adjourned with what was to have been agreement by the parties that today’s hearing would now proceed with less ‘spoiling’ tactics and that progress and more efficient hearing might commence.

Yet, today, we see again DBKL and GMSB lawyers using the ‘time limitation’ legal argument to prevent hearing from continuing. Again, they filed affidavits with regard to this and other matters late to JACBG lawyers, i.e. yesterday and today. The issue on ‘time limitation’ raised by DBKL and GMSB lawyers appears to be based on the fact that the applicants did not object on a sub-division of land approval when informed back on 14th November 2007.


As a lay person, I am at a lost at the tactics employed by DBKL and GMSB. JACBG had written to both DBKL and Federal Territories Ministry to obtain copy of sub-division land approval details and information on any other approvals DBKL was processing. DBKL and Federal Territories Ministry did not respond to our request. Yet, DBKL and GMSB now claim somehow the clock on ‘time limitation’ should be applied on approvals that they have not deemed necessary to provide copies to residents despite requests. JACBG lawyers and residents were only provided copies of the 3 approvals letters (without any supporting drawings, conditions or referred to items within the letter) shortly before the 23rd of April 2008 hearing. 


Needless to say, the hearing had to be adjourned again, this time until Friday, 13th June 2008. Perhaps the legal manoeuvers of DBKL and GMSB lawyers are to prevent justice being heard. Is DBKL attempting to stall a proper court hearing such that they can continue to lie and deceive the people that they are appointed to serve for other interests?


It is amazing the length at which legal processes will be manipulated by DBKL and developers to protect their vested interests.  The public must rise up to end such games. We need Justice and we need to stand firm in demanding for it. Giving up is not an option if we care about our lives, properties and our next generation.


Gary Yeoh

JAC for Bukit Gasing (JACBG).