THE Kuantan High Court today dismissed an application by Royal Pahang Durian Group to strike out the judicial review proceedings brought by two groups of durian farmers.

Raub MP Chow Yu Hui said judge Zainal Azman Ab Aziz, who delivered the judgment, also ordered Royal Pahang Durian Group to pay both groups of farmers RM10,000 each.

“Although the Raub farmers have faced numerous setbacks during the judicial review battles, this judgment is a significant victory for the farmers. It instils great confidence in facing future challenges,” Chow, who is also the adviser for Save Musang King Alliance (Samka), said today.

Royal Pahang Durian Group is the sixth respondent named in the lawsuit.

The decision means the Kuantan High Court will now hear a legal challenge filed by 204 Musang King durian farmers from Raub, Pahang, against the state government’s decision to evict them.

Chow said following the dismissal, the Court of Appeal order granting the durian farmers in Raub a stay pending the appellate court’s hearing, will remain in effect.

“In other words, before the case concludes, law enforcement agencies are prohibited from taking action against the litigants, allowing the farmers to continue their activities in the durian orchards,” he said.

An eviction notice was issued to the farmers on December 21, 2020, ordering them to vacate the land by January 4, 2021.

The farmers filed a judicial review against the state government’s order for them to vacate their farms in various areas covering 2,167ha in Raub, including in Sungai Ruan, Sungai Chalit and Sungai Klau.

Chow, who has championed this issue since his time as Tras assemblyman, said the grounds put forth by Royal Pahang Durian Group in its application were not only baseless but also completely unfounded.

He said the group accused the farmers’ lawyers of conducting the lawsuits without proper authorisation, casting doubt on their integrity and professionalism.

“Moreover, they questioned the very identities of the hardworking farmers who have dedicated their lives to cultivating durians,” he said.

“This decision has provided a sense of relief to the durian farmers and has temporarily alleviated their deep-seated concerns.

“This application is a diversionary tactic by Royal Pahang Durian Group, attempting to undermine the farmers’ confidence and pressure them to sign unequal contracts.

“Royal Pahang Durian Group has never genuinely appreciated the hard work of the durian farmers. They initially claimed to prioritise the farmers’ well-being, but ultimately presented unfair contracts with exploitative terms.

“Now, when the farmers turn to the law for help, Royal Pahang Durian Group tries to deny them their right to seek justice.

“All litigants have been durian farmers for decades, and they have authorised the team of lawyers in writing.”

Chow said if Royal Pahang Durian Group continues to doubt the identities of the litigants, he would arrange a dialogue session between the litigants and the group.

At the same time, he urged all farmers to keep fighting until the end. – July 4, 2023.