Raub durian farmers ‘trespassers’, rules court


Durian planters in Raub are accused of clearing vast amounts of jungle to make way for massive plantations of the spiky, pungent fruit. – AFP pic, December 23, 2020.

DURIAN farmers in Raub have no legal standing to file for a judicial review on the state’s decision to implement the “legalisation scheme”, the Kuantan High Court ruled today, dismissing two leave applications by the farmers.

Lawyer Siew Choon Jern, who represented the farmers, said the court was of the opinion that the farmers were trespassers, so they do not have the locus standi to file the challenge.

Malaysiakini quoted DAP Tras assemblyman Chow Yu Hui as saying the farmers were disappointed but will challenge the decision at the Court of Appeal.

The judicial review applications were filed by 200 Raub durian farmers in August and October.

Meanwhile the Save Musang King Alliance (Samka) urged the farmers to remember the three don’ts – don’t sign contract, don’t compromise and don’t give up.

“The farmers should not hastily sign any contract with Royal Pahang Durian due to this minor setback, or else the efforts by everyone throughout the process would be futile.

“Samka also urges the farmers to persevere until justice finally prevails,” it said in a statement.

Samka is locked in a fight with the Pahang government, which has awarded the lease and rights to 2,168ha of land in Raub to Royal Pahang Durian. The contract is for 30 years, with an option for 30 more. 

Royal Pahang Durian is a joint venture between Royal Pahang Durian Resources and state-run Perbadanan Kemajuan Pertanian Negeri Pahang.

The partnership was purportedly established to curb encroachment on state land for the cultivation of durians.

Pahang contends the durian farmers have planted without a permit and that a contract with the state-appointed middleman offered a way for them to legalise their operations.

Samka is opposed to the contract which its members said they were forced to sign and which was tilted in the firm’s favour. – December 23, 2020.


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