Committal proceedings bid over illegal Tawau building
TAWAU: An application for committal proceedings against a developer and its director relating to the illegal building at the Sabindo open space was filed by the plaintiff, Bishop James Wong, at the High Court here yesterday.
According to Sri Tanjong assemblyman Jimmy Wong, he was made to understand that the plaintiff, represented by Bishop James Wong, has filed an application for committal proceedings against the developer, Jeramas Sdn Bhd, and its managing director, Datuk Seri Kong Hoi Ching.
The committal proceedings was filed for the court to make an order to mete out punishment to the party or parties, who refuse to abide to a court ruling or order.
Given that the nature of the breach (contempt of court) which is a criminal offence, should the court allow this application, the company’s director, Datuk Seri Kong Hoi Ching, may likely be sent to prison.
Jimmy, who is assistant Minister in the Chief Minister’s Department, said on reflection, the case had gone on for more than a decade and still justice had not been served. Clearly and unequivocally, the developer has breached the court order, he said.
He said the developer’s defiance to not abide to the court order shows disrespect for the rule of law and legislations of the country.
“We must allow the law to take its course to restore the trust and confidence of the public towards the judiciary,” he said.
Jimmy added that the plaintiff had indicated, and they wish to reiterate here, that it is never their intention to commit him to prison, had he chose to abide to the court order.
“We had even offered to share half of the demolition cost, because we know that it is the people’s wish for the unfinished building to be demolished as it has become an eyesore to everyone,” he said.
On the fulfillment of the 100 days’ promise, Jimmy said he concurs with the move by the plaintiff to take legal action against the developer.
He said many have advised him to do crowd funding to fund the demolition cost which he did not agree to, simply because the developer must be held responsible for its actions and cannot be allowed to get off scot free.
“Why must the people be the ones to clean up the mess left by the errant developer who obstruct justice and do not respect the rule of law?” Jimmy asked.
“We are given to understand should we choose to demolish the building by forking out our own money, we would then have no right to take legal action against the developer. Why should we just let him go?” he asked.
As the people’s representative here, Jimmy said he has the obligation to protect the green lungs areas of Tawau and the interests of the Tawau people.
“Should we choose to pay the costs ourselves, we would be opening the floodgates to more irresponsible and rogue developers, as they would know for sure that at the end of the day, they will not be the ones who will be held responsible,” Jimmy said.
“Again, I must stress that there is a due process in serving justice and the law must take its course. It is important that the building is demolished and the place restored back to its original position. However, it is also equally important to ensure that the rule of law and due process are respected. After all, this is the fundamental principle that distinguishes us as a democratic country from those nondemocratic ones,” he said.
“I will let the people decide whether I have broken my promise,” he said.
For the record, the learned High Court judge had allowed the application and affirmed the order made in the year 2009, which was subsequently affirmed by the Court of Appeal and Federal Court in the years 2011 and 2012 respectively.
In 2017, the developer filed an application for leave to appeal the order to the Federal Court. On October 12, 2017, the application was dismissed by the Federal Court and effectively putting an end to the developer (the defendant) to resort to other legal means to appeal the High Court order of the year 2009.
In other words, the High Court order still stands, and the developer is compelled to demolish the unfinished building within six months.