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Sabindo Open Space Trial – Day 6 June 20, 2009

Posted by wong jimmy in Open Space.
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DAY 6                                   NOTES OF PROCEEDINGS                    17 JUNE 2009

9.25 am

CHONG SUI JIN & 9 ORS

v

AGGASF SDN. BHD.

& JERAMAS SDN. BHD

v

MAJLIS PERBANDARAN TAWAU

 

Civil Suit No. T(21) 52 2005

Civil Suit No. T(21) 53 2005

 

 

Datuk: My Lady, the parties are as before. May I begin my cross examination?

 

Judge: Yes.

 

Defendant calls 1st Witness – Mr. Abdul Manap Haji Aneh (DW1)

 

Cross Examination

 

Datuk: Have you given evidence in court before?

Abdul: No.

 

Datuk: So this is your 1st time?

 

Abdul: Yes.

 

Datuk: Where were you before this?

 

Abdul: I was in the HQ in KK.

 

Datuk: Is it true before you were posted to Tawau, you had no knowledge about the open space in Tawau?

 

Abdul: Yes.

 

Datuk: And you agree with me, that your finding on the status on the piece of land is entirely based on

            your analysis and interpretation of the documents?

 

Abdul: Yes.

 

Datuk: Let’s see if you got your findings correct. I will refer to the documents you used. Pages 1 and 2

            (D2) of DBD1. En. Abdul, you agree that in all the document prior to 10249028 are the

            background documents are the issuance for the master title PL 106210831.

 

Abdul: Yes.

 

Datuk: They really have nothing to do with the determination of the status of the land that we’re talking

            about now. Do you agree that they have nothing to do with the determination of the status of land

            that we’re talking about now?

 

Abdul: Yes.

 

Datuk: So the documents that you referred to in your analysis are the survey plan 10142098

 

Abdul: I referred to my submission plan.

 

Datuk: I’m referring to ALL your documents referred. The documents that you referred to in your so-

            called findings:

            1) 10142098

            2) PL 106290831

            3) TL 107522994

            4) Letter from the Director of Land and Survey dated 26 September 1975.

            5) Survey Plan 10124910

            Are these documents that you referred to for your so called analysis?

 

Abdul: Yes.

 

Datuk: In your analysis and your interpretation of the documents, were you able to find any title deeds that

            mentions about open space (state reserve) or any similar description about Block C and D?

 

Abdul: No.

 

Datuk: You would agree with me that it would’ve been more conclusive about the status of land if there is

             such mention in a title deed.

 

Abdul: Repeat.

 

Datuk: Since you did not find any similar description on Block C and D, if there were such description in

            a title land, would’ve been more conclusive and fetch a better value?

 

Abdul: No.

 

Datuk: Would it fetch a better value?

 

Abdul: Because he’s not seen any title deed as such.

 

Datuk: If there was such a title, would you agree that the status of land becomes more conclusive?

 

Abdul: No.

 

Datuk: Can you explain why?

 

Abdul: I cant explain.

 

Datuk: Your familiar with the Land Ordinance?

 

Abdul: Yes.

 

Datuk: Is there a difference between State Land and State Reserve?

 

Abdul: In the Land Ordinance, I have seen any words with the word “State Reserve”.

 

Datuk: What is your understand about State Land?

 

Abdul: Government Land which is unalienated land.

 

Datuk: Is that all of your understanding?

 

Abdul: I cannot give you the whole definition – have to refer to the Land Ordinance.

 

Datuk: Can I show you s4 of the Land Ordinance? What about land which have been reserved for public

            purpose? Is that State Land?

 

Abdul: No.

 

Datuk: So you agree with me that land which have not been reserved for public purpose can be alienated.

 

Abdul: Yes, same land.
Datuk: But land which have been reserved for public purpose cannot be alienated. You agree?

 

Abdul: Yes.

 

Datuk: I’d like to ask you a general question about titles. Do you agree with me that any land which falls

            outside the title land can be any type of land depends on what is described in the plan?

 

Abdul: Repeat.

 

Datuk: If a government issues a land title to somebody, i.e a bungalow, but next to his bungalow lot, it can

            be anything, school, car park, open space, etc.

 

Abdul: Yes, it can be earmarked for anything.

 

Datuk: Please look at DBD1, pages 3 and 5. What is your understanding of Page 3, that is the letter dated

            8 August 1975. Do you understand this documents? Go through Page 3, tell the court what it

            means.

 

Abdul: This letter is the area they’re talking about that is going to be issued with the draft title.

 

Datuk: Can you turn to the next page? Tell the court what this document means?

 

Abdul: To cancel the draft title.

 

Datuk: And what else?

 

Abdul: And the land is to become State Land Reserve.

 

Datuk: So in another word, do you agree with me, the then Director of Land and Survey, directed the

            District Surveyor of Tawau to cancel the draft title and treat the land as State Reserve?

 

Abdul: Yes.

 

Datuk: Can you please turn to Page 5? Can you tell the court that the then District Surveyor acted on the

            direction of the then Director of Land and Survey?

 

Abdul: Yes but the then District Surveyor should not put the Open Space word in the survey plan.

 

Datuk: Then what should be put?

 

Abdul: I don’t know.

 

Datuk: You don’t know? Ok.

 

Datuk: Now, can I come back to Page 3 of DBD1? You see there’s a hand written notes on the right

            handside of the document?

 

Abdul: Yes.

 

Datuk: With a date and signature. Can you tell the court what this note noted?

 

Abdul: This title never issued this part is now State Reserve.

 

Datuk: What else does it say?

 

Abdul: See enclosure 43 and 44.

 

Datuk: What is the date?

 

Abdul: October 1975.

 

Datuk: Do you agree with me that this 2 documents which is pages 3 and 5 of DBD1 are very important

            documents?

 

Abdul: Yes.

 

Datuk: And this 2 documents were not referred to in your findings – your letter of 6th May 2008 (D2).

            (Would you like to have a look at your letter again?)

 

Abdul: Yes. (not referred)

 

Datuk: Coming back to the draft title that you mentioned earlier on, do you agree with me that draft title

            was cancelled because the land was not available for registration under s31(c) Land Ordinance?

 

Abdul: Because it is outside the original TL.

 

Datuk: Please refer to s31(c) of Land Ordinance. You referred to that section in your letter. Do you agree

            with me that the title was canceled because it was not available for registration?

 

Abdul: No.

 

Datuk: Then do you then agree with me that it was canceled because of reasons stated in Page 4 and 5 of

            DBD1?

 

Abdul: Yes.

 

Datuk: Do you know whether there was an application in 2005 for the alienation for the same piece of

            land?

 

Abdul: No.

 

Datuk: Therefore you also do not know the outcome of that situation?

 

Abdul: No.

 

Datuk: Therefore you do not know the comment of the then District Surveyor of that application?

 

Abdul: No.

 

Datuk: And equally, you do not know the reason for the decision of that application?

 

Abdul: I don’t know.

 

Datuk: And because you don’t know about this particular application, you made no reference at all in your

            letter of 6 May 2008?

 

Abdul: Yes.

 

Datuk: Do you know that before you became District Surveyor Tawau, there was a notice to locate and

            remove from site all materials on Block D issued by the then ACLR to the developer Jeramas Sdn.

            Bhd?

 

Abdul: I don’t know.

 

Datuk: And for that reason you did not include that letter in your findings?

 

Abdul: No, I did not include.

 

Datuk: Do you know that soon after the notice to vacate, there was a re-survey of that area conducted by

            the surveyor?

 

Abdul: I know that there is a re-survey from the records.

 

Datuk: Was this mentioned in your letter?

 

Abdul: No.

 

Datuk: May the witness be shown PBD pages 64 to 69? I want to ask you, did you know that there was a

            written reply from the CM to the then YB Samson Chin about the open space in Tawau?

 

Abdul: No.

 

Datuk: If you do not know the answer, please say so. As an experienced civil servant, how many years \

            have you been in service?

 

Abdul: Since 1982.

 

Datuk: Do you agree with me as an experienced civil servant of 27 years in standing, if a CM issue a

            written writing in the State Legislative Assembly, it would have had various inputs from the

            relevant department before he issues that reply?

 

Abdul: Yes.

 

Datuk: Since this is about land matters, i.e open space, the CM must have had inputs from the Land and

            Survey Dept, do you agree?

 

Abdul: Yes.

 

Datuk: And you also did not include that document in your analysis of the status of land, referred to in

            D2.

 

Abdul: Yes.

 

Datuk: You have earlier agreed that pages 3, 4 and 5 of DBD1 are very important documents. Will you

            also agree that all the other documents which I’ve just mentioned are also important?

 

Abdul: Yes.

 

Datuk: You agree that it seems that your record is very incomplete?

 

Abdu: Which record?

 

Datuk: The record for the analysis of the status of land, is very incomplete?

 

Abdul: I guess I just based them on the documents which I was given.

 

Datuk: I’d like to come back to Pages 3 to 5 of DBD1. You agree with me that reading from these 3

            documents, it is very clear that the government as far back as 1975, already had the intention of

            treating the land as State Reserve (Open Space)?

 

Abdul: I only agree only on the State Reserve but not the open space.

 

Datuk: So in other words, in so far that you are concerned, since 1975, the government already intended to

            treat the land as State Reserve?

Abdul: Yes.

 

Datuk: Why didn’t you mention this in your letter of D2?

 

Abdul: Because the State AG gave me the copies and requested me to confirm the status of the land.

            Based on all the documents and records available in my office.

 

Datuk: Wouldn’t you agree that the intention of the government is a very important factor to be taken into

            account?

 

Abdul: Yes.

 

Datuk: And you knew about the intention of the government, yet you have chosen not to mention this in

            your analysis. Isn’t something very odd?

 

Abdul: I think, based on my letter and what I mentioned to the AG office to have the indication that the

            government have the right to reserve the land as State Reserve. (The letter itself shows the

            intention of the government)

 

Datuk: And the letter at page 5 of DBD1, clearly shows that your department had acted upon it as far back

            as 1975. Do you agree?

 

Abdul: Yes.

 

Datuk: I’d like you to look at the development plan and sub division plan. Can I ask you a general Q first.

            In a any survey for sub-division of a property development, that survey must be based on the

            development plans. Do you agree?

 

Abdul: Yes.

 

Datuk: Because otherwise, it would produce a very odd end result. Do you agree?

 

Abdul: Yes.

 

Datuk: So, you would also agree that there must first be a development plan in existence before you can

            carry the survey out for subdivision?

 

Abdul: Yes.

 

Datuk: Do you also agree that the sub-division plan and the development plan are almost mirror images of

            each other?

 

Abdul: Yes.

 

Datuk: And in the sub-division plan, the District Surveyor has to compare the development plan and the

            sub-division plan and certify that the information in the plan are the same?

 

Abdul: Yes.

 

Datuk: To be fair to you, what is stated in the development plan is a matter for the officer for the

            Municipal Council to answer.

 

Abdul: Don’t understand.

 

Datuk: Do you know why there is schools, library, etc in the development plan?

 

Abdul: No, it is for the developer.

 

Datuk: So would you agree that the most appropriate person to answer is the Municipal Council?

 

Abdul: Yes.

 

Datuk: Can the witness be shown PBD page 2? It is the development plan. For your background

            information, Mr. Tai Yun Wu, chief engineer of TMC, Tawau – has explained that the

            adjoining land under the TL 106250831…

 

Ronny: My Lady, if I’m looking at Page 2, my learned friend should not mislead the witness as it is a sub-

            division layout plan showing the off street parking requirement and off street car parks. Much

            obliged, I’m just putting the facts right.

 

Datuk: YA, bear with me for a while.

 

Judge: Come back at 11.30am.

 

Adjourned to 11.30am.

 

Resumed at 11.40am.

 

Datuk: YA, may I pray for your indulgence to refer to pages 18 and 19 of the Notes of Proceedings? And

            cross reference to page 73 to 75 of the Notes of Proceedings? May I start at Page 18?

 

Judge: Yes.

 

Datuk: YA please look at question 32 to 36 and there it becomes very clear that we are talking about

            development plans. Can YA look at your own ruling shortly before Q37 at P19.

 

Judge: Yes.

 

Datuk: And cross reference to Pages 73 to 75 (cross examination on PW4) – there is nothing on P8 at all.

 

Ronny: I stand corrected … and I withdraw my objection.

 

Judge: Objection withdrawn.

 

Cross Examination (continued)

 

Datuk: I earlier asked you to look at Page 2 of PBD, as a background information, PW4 who is the Deputy

            President and Chief Engineer of the Municipal Council of Tawau, said in his evidence (Page 2,

            paragraph 6 of PW4) that when the adjoining land under TL 106290831 measuring more or less

            31.5 acres was being developed, the then Town Board took into consideration the “esplanade” as

            open space – such as when the development have enough open space”. This is what the Chief

            Engineer of TMC had said. Can you now look at Page 2 of PBD? Can you look at the top centre of

            the portion of the land – with the description Open Space?

 

Abdul: Yes.

 

Datuk: Can you see that this development in 1973, the open space and the top center portion of the

            development have already been incorporated into the development as an open space? Can you now

            look at Page 1 of PBD. Do you agree that this 2 documents, i.e page 1 and page 2 of PBD, are

            mirror images of each other?

 

Abdul: Yes.

 

Datuk: Earlier on, you said if it is state land cannot be state reserve and vice versa.

 

Abdul: I didn’t say that.

 

Datuk: Are you now saying that state land can be state reserve? Under what circumstances can be state

            reserve?

 

Abdul: When the government earmark it as state reserve.

 

Datuk: So once earmarked, does it become land for public purpose?

 

Abdul: No. It must go through section 28 of the Land Ordinance.

 

Datuk: You agree with me, that nothing in s4 state that land can only be reserved under s28?

 

Abdul: Yes.

 

Datuk: Please look at Page 1 again of PBD. Please look at the yellow portion of Page 1 PBD. Can you

            please tell the court what is described in the yellow portion in the plan?

 

Abdul: Open Space (State Reserve).

 

Datuk: And you confirm that this plan has been approved?

 

Abdul: Yes.

 

Datuk: So it has become Open Space (State Reserve) since 2 July 1975.

 

Abdul: Yes.

 

Datuk: I believe you have an original copy of the plan. Can I have a look at it please? From the original

            copy on the plan, there is one more description at the portion of the plan marked “Open Space

            (State Reserve)”. Can you please tell the court what is it?

 

Abdul: See Plan 10128169.

 

Datuk: Now I’d like to refer you to the plan mentioned – 10128169 at Page 18 of PBD2. Do you know

            what is this plan?

Abdul: It’s the demarcation survey plan for the state reserve we are referring to.

 

Datuk: You don’t even get the title right. Can you tell the court what is states?

 

Abdul: Pengukuran Semula Sempadan State Reserve di Bandar Sabindo.

 

Datuk: So what does it mean why Pengukuran Semula?

 

Abdul: Re-survey.

 

Datuk: So please look at the yellow portion and compare this with the yellow portion of Page 1 of PBD.

           Are they of the same location?

 

Abdul: Yes.

 

Datuk: Again please look at the yellow portion page 1 PBD. The plan shows that the land marked in the

            yellow portion has been reserved as an open space. Am I right?

 

Abdul: Earmarked as state reserve.

 

Datuk: Look at the plan. – reserved as open space, am I right?

 

Abdul: For me, if a land to be reserved, it has to go to s28.

 

Datuk: You are not answering my question. I’m asking you whether this plan states that the portion

            marked in yellow is the land reserved by the state for open space?

 

Abdul: I agree. It is earmarked for Open Space (State Reserve). But it has not been gazetted as Open

            Space.

 

Datuk: But do you agree that s4 does not prescribe a way in which the lands may be reserved?

 

Abdul: No mention.

 

Datuk: So it does not prescribe on a procedure for reservation. Do you agree with me, that there is nothing

            in the Land Ordinance to state that ALL STATE RESERVE MUST BE GAZETTED?

 

Abdul: Yes.

 

Datuk: Please look at Page 73 of PBD2.

 

Judge: Do you have a long way more to cross examine?

 

Datuk: I need an hour.

 

Judge: I adjourn to 3.00pm.

 

*Witness not to discuss this case with anybody because still under cross examination*

 

Adjourned to 3.00pm.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resumed at 3.15pm.

 

Datuk: YA, parties as before.

 

Judge: Witness is reminded that he is still under oath.

 

Datuk: En. Abdul, earlier on you agreed with me that s4 of the Land Ordinance does not prescribe in a

            way in which the land may be reserved. You also agree that there’s nothing in the Land Ordinance

            that say all state reserve must be gazetted. And you earlier on mention about reservation of state

            land by the TYT under s28. May I now draw your attention to s28 of the Land Ordinance. And my

            question is this, does the section state that ALL state land for public or for a residential purpose

            must be reserved by the TYT?

 

Abdul: Yes.

 

Datuk: Please tell the court where does it state in s28 that all state land must be reserved for public

            purpose.

 

Abdul: Section 28(1).

 

Datuk: Can you please read it out where it states that?

 

Abdul: MAY reserve.

 

Datuk: En, don’t you agree that there is a big difference between what land MAY the TYT reserve and

            what land MUST the TYT reserve?

 

Abdul: In s28 it says MAY.

 

Datuk: But don’t you agree that there is a big difference between what land MAY the TYT reserve and

            what land MUST the TYT reserve?

 

Abdul: Yes.

 

Datuk: Therefore, to say that all state lands or public or residential purposes is a figment of your

            imagination, isn’t it?

 

Abdul: We should follow what s28(1) says.

 

Datuk: What you have just now agreed that there is a WORLD of difference of what the TYT MAY

            reserve and what the TYT MUST reserve!

 

Abdul: For the public purpose only.

 

Datuk: So to say that the TYT MAY reserve public place for any land is to mean that ALL such lands, i.e.

            land reserve… is the figment of your imagination.

 

Judge: Leave that for your submission.

Datuk: I think that may be enough. I’d like to ask one more question on s28. Does s28 say that ALL

            lands that have been reserved for public purpose MUST be gazetted?

 

Abdul: Yes.

 

Datuk: Is there anywhere in s28 that says that ALL lands that have been reserved or public purpose MUST

            be gazetted?

 

Abdul: No but we are practicing the publishing the reservation in the gazette. (Repeated: In our practice,

            any state land reserved for public purpose are to be gazetted and to be published in the government

            gazette.)

 

Datuk: So, since this piece of land have been reserved, don’t you think that it should be gazetted?

 

Abdul: As I mention earlier, this piece of land is earmarked as state reserve. To make it proper open space,

            you have to gazette it and has to be published in the gazette under s28.

 

Datuk: Earlier, in your analysis of documents, you were not able to find any title deeds that has a

            description of “open space” or “open space (State Reserve)” with respect of Block C and D. You

            remember what you said? I’d like to invite your attention to pages 3, 4 and 5 of PBD? This is the

            title deed of open space. I’d like to turn your attention to page 4. Do you see somewhere in the

            middle, the rectangular land, is the land in question? Can you tell the court what is described in

            that diagram?

 

Abdul: The land referring …

 

Datuk: Can you tell the court what is the description of that land?

 

Abdul: It is a state reserve.

 

Datuk: What else does it say?

 

Abdul: Cannot see. Very blur.

 

Datuk: Okay, nevermind, I have the original copy. May the witness be shown the original?

 

Abdul: Based on this plan, it states “Open Space (State Reserve)”.

 

*Original shown to Yang Arif*

 

Judge: What does it show?

 

Datuk: Open Space (State Reserve).

 

Datuk: May the witness be shown Pages 6, 7 and 8 of PBD? This is the title deed for road reserve and car

            park. May I turn your attention to the diagram at Page 7 please, En. Manap?

 

Abdul: May I now invite your attention to the centre portion of the title?

Datuk: Are you able to tell what is described under that portion of the land? Or maybe I can help you –

            I have the original copy of the land title.

 

*Passes original copy to witness*

 

Datuk: If you look at the original copy of the diagram, please tell YA what it describes in respect of the

            portion of the land we’re talking about?

 

Abdul: Open Space (State Reserve).

 

Datuk: You agree that that “Open Space (State Reserve)” falls outside the title land, right?

 

Abdul: Yes.

 

Datuk: Very good.

 

*Passes original copy to Yang Arif*

 

Datuk: Now, if that’s not clear enough, I’d like to refer you to another title. Can you please look at Page

            24 to 26 of PBD1? Can I refer you in particular to Page 25? Please have a look at the top portion of

            the land in the diagram. And tell the court what does it say?

 

Abdul: Open Space (State Reserve).

 

Datuk: Of course you do know where Block H is, don’t you?

 

Abdul: Yes. Block H is this row… *Shows court the diagram*

 

Datuk: And right in front of Block H is the “open space (state reserve)” am I right?

 

Abdul: Yes.

 

Datuk: So just want to be precise where Block H is, please have a look at PBD1. Can you confirm that the

            “open space (state reserve)” is situated right in front of Blocks H and D?

 

Abdul: Yes.

 

*Judge confused about the situation of Block D*

 

Datuk: This Block D in the diagram is a different Block D from which is half developed although they

            used the same name.

 

Datuk: So, all this references of “Open Space (State Reserve)” in the land titles, or in the title deeds to be

            more precise, were not referred to in your “so-called” findings. Isn’t that right?

 

Abdul: Is not in my findings.

 

Datuk: And you now know that your documents that you used for analysis or findings are seriously

            incomplete.

 

Abdul: As I mentioned earlier (this morning), I made my findings on what there is in the file. So I don’t

            have the other documents.

 

Datuk: And you also agree with me that in this 3 documents, are very important documents in respect of

            the open space in question?

 

Abdul: Yes.

 

Datuk: And these documents does to show that the instruction of the THEN Director of the Land and

            Survey or contents in Pages 3, 4 and 5 of DBD1) has been acted upon.

 

Abdul: Yes, but we still go back to the original instruction of the Director of the Land and Survey.

 

Datuk: And now it has been clearly shown that the instruction has been acted upon, am I right?

 

Abdul: I still stick to the Directive of the Director of the Land and Survey to make that piece of land a

            state reserve and not open space.

 

Datuk: All the documents that I referred to, in particular the 3 titles and the plan you said you relied on,

            that is Page 1 of PBD of which you have the original copy with you now. Have a look at all the

            documents again, what I have just shown you – its very clear that the land has been EXPRESSLY

            reserved for ONE purpose only that is for OPEN SPACE. Do you agree?

 

Abdul: I disagree.

 

Datuk: You don’t agree. Okay, I put the question in a different way to you. Now, for the documents that I

            mentioned to you just now, that is the 3 titles deeds and Page 1 of PBD, are you able to find that

            the land is meant for something else other than open space?

 

Abdul: As I mentioned earlier, only earmarked, not gazetted.

 

Datuk: Are you able to find that the land in question is earmarked for anything else other than open space?

 

Abdul: Only earmarked as open space. Not gazetted.

 

Datuk: So you now agree, that so far as you are concerned, that piece of land has been earmarked as open

            space?

 

Abdul: As I mentioned earlier, to make the open space proper, you have to go through s28(1) of the Land

            Ordinance.
Datuk: En. Manap, you are avoiding my question again. I’m merely asking you to confirm to the court

            whether or not in so far as you are concerned, based on this 4 documents, the land has been

            earmarked as open space?

 

Abdul: That one, I agree.

Datuk: You agree, yes.

 

Datuk: And earlier on you also said it was the intention of the government as far back as 1975 that the

            land is State Reserve. Don’t you agree that looking at this 4 documents, that the intention of the

            government has been carried out?

 

Abdul: Although have been earmarked for open space, still is not considered unless goes through under

            s28.

 

Datuk: En. Manap, please do not continue to avoid my question. I just want to know whether the intention

            of the government as far back as 1975 has been carried out in this 4 documents.

 

Abdul: It’s not complete yet.

 

Datuk: What is not completed yet?

 

Abdul: The land has been earmarked but not the government gazette. The intention is there.

 

Datuk: Do you know that the intention of the State Government have been confirmed in the Chief

            Minister’s Reply to YB Samson Chin to “keep open space as open space” at Pages 64 to 69 of

            PBD?

 

Abdul: Yes.

 

Datuk: Do you also know that the right Honourable Chief Minister also repeated the government’s

            intention during his dialogue with the Tawau Chinese Community Leaders as stated at Page 71 of

            PBD? May the witness be shown Page 71 of PBD?

 

Abdul: I was not aware of this before.

 

Datuk: But you do know now?

 

Abdul: Only now I know.

 

Datuk: Now, as an experienced District Surveyor, do you agree with me that all these 4 documents, i.e the

            3 title deeds and the survey plans for sub-division (P1 of PBD), are all public documents in the

            sense that, anyone who makes a search and pays a fee, would be able to find out that the land in

            question is “Open Space (State Reserve)”.

 

Abdul: YES.

 

Datuk: And this 4 documents, tells the whole world that this piece of land is State Reserve Open Space.

 

Abdul: It is stated as State Land Reserve.

 

Datuk: To be fair, do you agree that it is Open Space (State Reserve)?

 

Abdul: That one I agree.

 

Datuk: And gazette notification is just another way of telling the public the same thing. Do you agree?

 

Abdul: It is proper to publish in the government’s gazette.

 

Datuk: Earlier on you said that the former ACLR has rejected the application for the alienation of the land

            in question. May I also take it that you don’t know what are the comments from the THEN District

            Surveyor in Tawau regarding the status of the land in question?

 

Abdul: I have not seen the comment.

 

Datuk: You have not seen the comment, okay. As a background information to you, PW10 (the former    

            ACLR, Mr. Philip Balasont) said in court yesterday that he rejected the application based on the

            comments from the THEN district surveyor that the land was Open Space (State Reserve). So do

            you now know that they have been 2 District Surveyors, 2 Directors of Land and Survey, 1

            Surveyor, 1 Former ACLR, 1 YB who happens to be a practicing lawyer in Tawau – ALL

            confirmed that the land in question is Open Space (State Reserve). And also his confirmation in his

            written reply from the CM that the land in question is open space. All these officers and witnesses

            based their conclusion on detailed documents and inputs from the relevant department. Are you

            now asking the court to believe YOU who have incomplete records that what all others said is

            wrong and the what you say is correct?

 

Ronny: I would have to object as what he’s just said as it is unfair for this witness. Should leave it to

             submission. It is not for this witness to comment on whether he is right or the others wrong – we

             should leave it for submission.

 

Judge: I agree with that.

 

Datuk: In the light of the documents of what I’ve shown to you, I’m bound to put it to you that your “so-

            called” finding is completely misconceived, illogical, confusing and worthless. (Deleted

            “calculated as an afterthought to confuse the Plaintiff’s claim.”)

 

Ronny: My Lady, there again it is an unfair question as the letter is addressed to the Peguam Besar Negeri  

             Sabah. Unless until the Peguam Besar Negeri Sabah is called. There is no evidence on the part of

             my learned friend to suggest what he had just said to this witness. Much obliged.
Judge: Put the Plaintiff’s case … he is not a party to this claim…

 

Abdul: I don’t agree.

 

Datuk: En. Manap, please look at your letter, P2. In the 1st paragraph where you make reference from

            Peguam Besar Negeri Sabah, may I know where is that letter?

 

Abdul: I didn’t bring the letter. It’s in the file in the office.

 

Datuk: Can you bring the letter to court tomorrow? I’d like to take a look at it?

 

Abdul: Can.

 

Datuk: Thank you En. Manap, I have no further questions.

 

Ronny: My Lady, have the Defendants have no possession of that letter from the AG Chambers, I’m sure

            my learned friend would want to ask more questions. May I ask My Lady to adjourn this case to

            tomorrow morning for the witness to produce that letter? Then I will be re-examine. My re-

            examining is very short.

 

Judge: I would like to visit the site – where this Blocks A, B, C, D and E.

 

Ronny: Tomorrow morning at 8.30am, before calling the witness?

 

Datuk: If we can stick to 9.00am?

 

Judge: Where is it? Is it walking distance? Then in that case we can walk.

            To tomorrow at 9.00am.

 

Datuk: We meet at the court house. And to do away with the attire?

 

Judge: Oh yes.

 

Adjourned till tomorrow at 9.00am.

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