The Sarawak Attorney General’s Chambers legal team, who represented the respondents, pose with Kampung Baru Data Bila residents who support the development.
MIRI (Dec 18): The High Court here on Tuesday dismissed a judicial review application filed by 11 Penans from Ulu Baram seeking to challenge the Sarawak government’s granting of a logging licence to a private company.
Judge Dean Wayne Daly ruled there was insufficient evidence to show that the issuance of the license to Borneoland Timber Resources was unlawful, unreasonable or irrational.
The court also ruled that there was no evidence to support the claim that the decisions made by the respondents, namely the Sarawak Forest Department director and Minister for Natural Resources and Urban Planning, to issue the licence were illegal, irrational or disproportionate.
The applicants were also determined to have failed to prove the authenticity and validity of their claims against the respondents.
The proceeding was conducted online via Zoom.
The application was filed to challenge the granting of a logging licence in the Suling Selaan Forest Reserve area, which the applicants claimed to be their customary land and a source of their daily livelihood.
Lawyer Roland Engan, representing the applicants, said the judicial review was filed to challenge the issuance of the licence in an area of customary land that had been gazetted and recognised by the Sarawak government.
He said all 11 applicants intend to file an appeal against the court decision.
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