KOTA KINABALU: The High Court here has dismissed a judicial review application by Idris Hydraulic (M) Sdn Bhd against the Sabah government over the cancellation of its timber concession licences. The ruling, made by Justice Leonard David Shim on Wednesday (Aug 2), upheld the cancellation of the company’s Sustainable Forest Management Licence (SFMLA) for Forest Management Units 8 and 13 (FMU 8 and 13).
Idris Hydraulic (M) Sdn Bhd had named Chief Minister Datuk Seri Hajiji Noor and the state government as respondents in the case. FMUs 8 and 13 cover a timber area of approximately 238,000ha.
In his 78-page grounds of decision, Justice Shim ruled that Hajiji had acted lawfully within his powers under section 24A of the Forest Enactment 1968, as the cancellation was done in the public interest. The judge further stated that the applicant failed to prove the cancellation was illegal, irrational, or disproportionate.
The court also found that the respondents had considered all relevant matters and had not taken into account any irrelevant factors when issuing the cancellation notices. Therefore, the court deemed the letter of cancellation to be valid.
The court dismissed the application for judicial review and ordered Idris Hydraulic (M) Sdn Bhd to pay costs of RM40,000 to the respondents, subject to an allocatur fee.
Tengku Datuk Fuad Tengku Ahmad, the lawyer representing Hajiji and the state government, stated that the Chief Minister’s decision was based on the fact that Idris Hydraulic (M) Sdn Bhd was owned by insolvent parent companies. It was deemed not in the public interest for the company to be owned by such entities, as it could result in the loss of control over the management and development of Sabah’s natural forest resources. Fuad also highlighted the company’s failure to obtain an approved Forest Management Plan, further illustrating its failure to act in the public interest.
Representing Idris Hydraulic (M) Sdn Bhd, Peter Lee Kong Chung appeared in court for the case.
Credit: The Star : News Feed
