WE, the undersigned civil society organisations, express our dismay at the acquittal of three prime suspects in the murder of indigenous rights activist, the late Bill Kayong @ Mohd Hasbie Abdullah.

On June 6, three of the four accused for the murder of Bill Kayong were discharged and acquitted by the Miri High Court following the prosecution’s failure to establish a prima facie case against them.

Following the extensive investigation followed by the Interpol manhunt for Stephen Lee Chee Kiang, who was eventually extradited from China, and the long history of dispute over native customary rights (NCR) land in Sg Bekelit, Bekenu, championed by the late Bill Kayong which involves the Tung Huat Plantation (of which Lee was a director), the acquittal of the three is a travesty of justice.

In light of the long history of conflict, threats and violence by the accused’s company against the community, the failure by the police and prosecution in establishing adequate evidence against the accused is unjustifiable and can only be described as incompetent.

Notable failure by the police and prosecution includes the failure to call witnesses from the community who could testify and give useful evidence and the failure to adduce the threats made against Miri MP Dr Michael Teo and the late Bill Kayong as evidence.

The loss of Bill Kayong is felt throughout the country, especially in the community in which he had served over the years and it is of paramount importance that his assailants are brought to justice.

Failure in conducting comprehensive investigation and providing due evidence for prosecution represents a failure in fulfilling the police and public prosecution’s duties and obligations to the people of Malaysia and by proxy , it is a failure by the government of Malaysia in upholding justice and protecting the indigenous peoples and their rights to native customary land.

Furthermore, reflecting on the stakes involved in the case and the history of conflict between one of the accused, the community and Bill Kayong, their acquittal would undoubtedly create and fuel public suspicion that there is an attempt to cover up the crime and protect the assailants.  

To this end, we the undersigned civil society calls:

For the Attorney-General’s Chambers to discharge its duties professionally and ensure justice for Bill Kayong and his family and ensure those who have had a hand in his murder are brought to justice;

For the police to act with the professionalism they have shown in the past and discharge their duties accordingly;

For the Sarawak government to fulfil its promises and obligations in protecting and promoting indigenous rights and the rights to native customary land;

For the promise for the establishment of working committee on NCR land with community participation to be implemented immediately. – June 15, 2017.

* This letter is signed by the following:

1) Suara Rakyat Malaysia (Suaram)

2) Malaysian Physicians for Social Responsibility

3) Jaringan Rakyat Tertindas (JERIT)

4) Community Development Centre

5) Parti Sosialis Malaysia (PSM)

6) Sahabat Alam Malaysia

7) NTFP EP (Malaysia)

8) Institute for Development of Alternative Living (IDEAL)

9) Persatuan Masyarakat Tering Miri

10) SAVE Rivers

11) Centre for Orang Asli Concerns (COAC)

12) Lawyer Kamek For Change (L4KC)

13) Persatuaan Dayak Sarawak (PEDAS)

14) Jaringan Orang Asal Se-Malaysia

15) North South Initiative

16) Malaysians Against Death Penalty and Torture (MADPET)

17) Persatuaan Kesedaran Komuniti Selangor (EMPOWER)

18) Knowledge and Rights with Young People through Safer Space (KRYSS)

19) Pusat KOMAS

20) Sarawak Native Land Rights Network (Jaringan Tanah Hak Adat Bangsa Asal Sarawak) (TAHABAS)

21) Baram Protection Action Committee (BPAC)

22) Jaringan Kampung Orang Asli Negeri Sembilan (JKOANS)

23) Sarawak Dayak Iban Association (SADIA)

24) Wanita Desa Sarawak (WADESA)

25) Borneo Resources Institute (BRIMAS)

26) Jawatankuasa Kemajuan dan Keselamatan Kampung Kawasan Jagoi (JKKK Jagoi)

27) Belia Jaringan Orang Asal (Belia JOAS)

28) Persatuan Usahasama Kampung Gabungan Tiong, Tamparuli Sabah (PUSAKAG)

29) Monongkad Tinungkusan- Pertubuhan Rakyat Gabungan 5 buah Kampung

30) Pertubuhan AJK Perak Utara untuk menyelesai isu-isu pembalakan yang berlaku di Semanjung, Perak (AJK Perak Utara)

31) Malaysia Youth & Student Democratic Movement (DEMA)

32) Monitoring Sustainability of Globalisation (MSN)

33) Morning Dayak Thing Tang (DYTG)

34) Rise of Sarawak Efforts (ROSE)

35) Kuala Lumpur & Selangor Chinese Assembly Hall (KLSCAH)

36) Lawyers for Liberty (LFL)

37) Sahabat Rakyat (人民之友)

38) Bruno Manser Funds

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.