Kota Kinabalu: Trustee Amanah Raya Berhad (ARB) in the RM3 billion land dispute in Karambunai has been cleared by the Kota Kinabalu Syariah High Court from paying any liabilities, damages and cost arising from claims by the parties concerned. Syarie Judge Ahmad Lakim, when delivering the decision here Monday, said while its application for a stay of execution to an earlier Syariah Court order had been rejected ARB had indeed adhered to the Syariah Law.
"Therefore, the applicant has been released from any burden of cost, liabilities or damages arising from actions that have been carried out by ARB who acted with sucihati (clean heart) according to the Syariah Law and the laws," he said.
An elated Syarie counsel Zainul Rijal Abu Bakar, who represented ARB in the case, said it was the trustee's ultimate motive to quash the order for ARB to pay damages to the parties concerned. "This is very significant because it involves a very huge amount of about RM3 billion," he said.
The previous reason for the decision to order ARB to pay the damages was because it was the administrator of the property and that there was negligence on its part. Zainul, who was assisted by Mohd Firdaus Mohamed Ariffin, said they subsequently applied for a stay of execution of that order that was rejected by the Syarie judge.
However, while the application for the stay of execution was not allowed, the proviso is that does not have to pay the liabilities or damages, he said. He said ARB is probably not liable because it is not directly involved.
Nevertheless, the case is still ongoing especially on the part of AK Ahmad Shah Pg Yussof, AK Othman Shah Pg Yussof and Karambunai Resort Sdn Bhd who have been made parties to the execution.
He said the parties concerned would be appealing but that the court has not fixed the date for the appeal yet. "The judge has only struck out part of the decision," he said. On the part of ARB, he said they would study the effect of the judgement and that if it is not liable, they will consider withdrawing the appeal filed on May 4, this year.
They filed a notice for the stay of execution (12100-064-0249-2009) on May 19, also this year. "But I am sure the other parties will go on with the appeal because the judgement today did not affect other parts of the judgement," he said.
The Kota Kinabalu Syariah High Court, on April 24, this year, validated a High Court Order made on March 6, 2008 and ordered the property in question, a 3,835 acre land on which sits the Karambunai Nexus Resort and Naval Base, among others, be transferred to respondent Ag Damit Ag Tengah.
The decision was that Ag Damit becomes Administrator of the Estate of his great grandmother Pengiran Siti Hafsah Pengiran Mohd Salleh, which had originally belonged to Pg Siti Fatimah Pg Jalaludin.
Later, the land ownership was transferred to Pengiran Siti Hafsah and Pengiran Siti Alimah in an equal share of 50-50.
The latter's estate or 50 per cent share was eventually inherited by her two sons, Awangku Ahmad and Awangku Othman.
Counsels Zulkifli Che Yong, Azmi Dr Mohd Rais and Sarjuna Mohd Jukin appeared for respondent Ag Damit Ag Tengah.
Zakaria Ahmad and A. Razak Jamil appeared for respondent Ahmad Shah and Othman Shah.
"Therefore, the applicant has been released from any burden of cost, liabilities or damages arising from actions that have been carried out by ARB who acted with sucihati (clean heart) according to the Syariah Law and the laws," he said.
An elated Syarie counsel Zainul Rijal Abu Bakar, who represented ARB in the case, said it was the trustee's ultimate motive to quash the order for ARB to pay damages to the parties concerned. "This is very significant because it involves a very huge amount of about RM3 billion," he said.
The previous reason for the decision to order ARB to pay the damages was because it was the administrator of the property and that there was negligence on its part. Zainul, who was assisted by Mohd Firdaus Mohamed Ariffin, said they subsequently applied for a stay of execution of that order that was rejected by the Syarie judge.
However, while the application for the stay of execution was not allowed, the proviso is that does not have to pay the liabilities or damages, he said. He said ARB is probably not liable because it is not directly involved.
Nevertheless, the case is still ongoing especially on the part of AK Ahmad Shah Pg Yussof, AK Othman Shah Pg Yussof and Karambunai Resort Sdn Bhd who have been made parties to the execution.
He said the parties concerned would be appealing but that the court has not fixed the date for the appeal yet. "The judge has only struck out part of the decision," he said. On the part of ARB, he said they would study the effect of the judgement and that if it is not liable, they will consider withdrawing the appeal filed on May 4, this year.
They filed a notice for the stay of execution (12100-064-0249-2009) on May 19, also this year. "But I am sure the other parties will go on with the appeal because the judgement today did not affect other parts of the judgement," he said.
The Kota Kinabalu Syariah High Court, on April 24, this year, validated a High Court Order made on March 6, 2008 and ordered the property in question, a 3,835 acre land on which sits the Karambunai Nexus Resort and Naval Base, among others, be transferred to respondent Ag Damit Ag Tengah.
The decision was that Ag Damit becomes Administrator of the Estate of his great grandmother Pengiran Siti Hafsah Pengiran Mohd Salleh, which had originally belonged to Pg Siti Fatimah Pg Jalaludin.
Later, the land ownership was transferred to Pengiran Siti Hafsah and Pengiran Siti Alimah in an equal share of 50-50.
The latter's estate or 50 per cent share was eventually inherited by her two sons, Awangku Ahmad and Awangku Othman.
Counsels Zulkifli Che Yong, Azmi Dr Mohd Rais and Sarjuna Mohd Jukin appeared for respondent Ag Damit Ag Tengah.
Zakaria Ahmad and A. Razak Jamil appeared for respondent Ahmad Shah and Othman Shah.
WEARING BURKA NOT ENCOURAGED AT UMS
Kota Kinabalu: Universiti Malaysia Sabah (UMS) discourages female Muslim students from wearing the burka or niqab for their personal safety. UMS Vice Chancellor, Prof. Datuk Dr. Kamaruzaman Haji Ampon, said the use of such garments was not the issue here but rather the safety of students as the institution was striving to create a safe learning environment. "We cannot ban them from wearing the burka or niqab but we will advise them not to," he said, explaining that this is because, "it is dangerous especially when you are working in the laboratory and dealing with chemicals."
"We cannot ban them from studying just because of these garments. So far there are no students wearing the burka or niqab here, but there is no such rule (banning of burka) in UMS. As long as they comply with the university's existing rules, they are free to excel."
The burka is a head-to-toe gown with mesh-like panel over the face that allows a woman to see and breathe whereas the niqab is a veil that covers the entire body leaving only the eyes exposed.
In Cairo, the government is making an effort to ban students and teachers from wearing the face veil in classrooms and public institutions in order to curb radical Islamic practices.Kamaruzaman said the people should not pick on the usage of the burka and niqab as it is a very sensitive issue that can affect the stability of the country and the people.
"In UMS, we want to enforce the 1Malaysia concept to encourage students to mix around and to come closer together. Wearing these garments is indeed restricting one's movement. When a person comes across someone wearing such garment, it will restrain them from mixing together."But here, we want students to unite together as one. Students should keep an open mind when mixing with others. If a student wears the burka or niqab and is able to mix around with the people, there is no reason to restrict the used of such veils," he said.
He added that UMS welcomes more international students to study in the university, as the institution is capable of providing first class facilities and also to expose them to the various cultures of the State.
