1) 26 PENANS JAILED, FAMILIES SUFFERING
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On 11 June 1993, the Miri Sessions Court found 26 Penans guilty
on a joint charge of obstructing a forest enforcement team led by
Assistant Forest Officer Encik Abu Seman Yusuf from removing a
blockade at a logging road at Camp Rimax in Ulu Baram on 16 Sept
1989.
They were each sentenced to a day's jail and fined RM500 or
in default, to one month's imprisonment by Sessions Court Judge
Mariah Ahmad. Only one of the accused managed to pay the fine.
The rest are serving the jail sentence.
Puan Mariah also ordered the confiscation and disposal of
the weapons which were seized from the accused.
Prosecuting Officer Lim Heng Choo of Sarawak's Forest
Department, had urged the court to impose a deterrent sentence to
reflect the seriousness of the offence. Defence Counsel John
Trang had however, urged the court not to impose a severe
sentence as all the accused were married and therefore would face
a lot of difficulties.
In passing sentence, Puan Mariah said that she had taken
into account public interest and considered their mitigation. She
rejected the application by defence counsel John Trang for a stay
of execution.
The accused in this case Joseph Lalong, Malikat Lurang,
Lurang Ngurun, David Lihan, Nging Ngiam, Josli Oihan, Juing Nan,
Palong Maha, Thomas Keliap, Da'a Bujau, Pasang Arun, Simon Toi,
Lah Unau, Ului Jirai, Joseph Simin, Ayup Ujan, Nuh Ujan, Timai
Alok, Dennis Lalong, Saya Ara and Jacop Wan. They are all from
the districts of Selvan Akar and Patah, in Ulu Baram.
After their arrest in September 1989, their case was first
heard in the Magistrate's Court in Miri, and later transferred to
the Sessions Court. Hearing commenced sometime in 1991.
With the Sessions Court's rejection of the application for a
stay of execution, they have now started serving their sentence.
With the men (the breadwinners) in jail, the womenfolk and
children are having a hard time survivimg from day to day. SAM is
meanwhile assisting the families in various ways in order to
alleviate their suffering.
NOTE: On the same day, the Miri Sessions Court postponed the
hearing of another case involving eight Penans charged with
putting up blockades across logging roads within their native
customary rights land.
2) LAWYER/SAM COUNCIL MEMBER PROBIHITED FROM ENTERING SARAWAK
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On the 9th June, Thayalan Muniandy, a Council Member of SAM
was deported from Sarawak when he tried to enter the state.
Thayalan is also a lawyer and has worked on a number of legal
cases involving the native customary land rights and logging.
Thayalan, a Malaysian citizen, is now declared a prohibited
immigrant and can no longer enter Sarawak.
For more information, contact:
Sahabat Alam Malaysia (SAM)
19 Jalan Kelawei
10250 Penang
Malaysia
Tel: 04-376930
Fax: 04-375705
Email: CAP@geo2:geomail.org or
TWN@igc.apc.org