Jamal’s suit against council, two others dismissed

KUALA LUMPUR: The Sessions Court yesterday struck out Sungai Besar Umno division chief Datuk Seri Jamal Md Yunos’s suit against the Sabak Bernam District Council (MDSB) and two others over the forced closure of his resort in Sekinchan.

Judge Syed Faisal Syed Amir made the decision after allowing an application by MDSB, Sabak Bernam Land and District Office and the Selangor state government to strike out the suit which Jamal filed under the name of his company, Linear Active Sdn Bhd.

Syed Faisal found that Jamal, who is the director of the company, did not reveal the cause of action in his suit, which the judge found was scandalous, frivolous, vexatious and an abuse of the court process.

Jamal was ordered to pay RM6,000 in costs to the three defendants.

The judge also ruled that MDSB’s action in sealing and ordering the closure of Sekin Fisherman Village Hotel & Resort (Sekin Resort) and the Land Office’s action in demolishing the resort that was built on government reserve land belonging to the Drainage and Irrigation Department (JPS) on Dec 22 last year was valid.

The court held that the action by the defendants had nothing to do with Jamal’s protest over the water cut a day earlier.

“This is because a notification regarding the offence on running a business without licence had been issued by MDSB since 2013 and a termination notice of business operation was issued to the resort in October last year,” he said, adding that the suit had no locus standi.

Linear Active was represented by counsel V. Mugunthan while counsel Hashim Ibrahim represented MDSB and Selangor legal adviser Khairul Nizam Mohd Kamal acted for the Land and District Office and the Selangor state government.

Jamal filed the suit on Dec 28 last year, claiming that the move was a retaliation by the defendants after he held a protest in front of the Sultan Salahuddin Abdul Aziz Shah building in Shah Alam over the water cut that affected 3.8 million users in Klang Valley on Dec 21.

The Red Shirts leader had sought an injunction to stop the defendants from demolishing the premises and another injunction to prevent them from stopping its operations.

Jamal had sought RM140,000 damages following the disturbance caused by the authorities and damages for the demolition.

This is because a notification regarding the offence on running a business without licence had been issued by MDSB since 2013 and a termination notice of business operation was issued to the resort last October. JUDGE SYED FAISAL SYED AMIR