“The villagers, represented by lawyer Kong Hong Ming, decided to bring the matter to court as the last resort.”

The court action against the SMC was sought after the Council brought in three excavators on April 16 and cleared over 40 per cent of the land under oil palm trees already bearing fruits. “The villagers, including retired government employees and policemen, are dependent on their land for income,” added the statement. “Heavy security was present during the demolishment.”

“The security personnel included a truckload of policemen and Esscom personnel.”

They stopped, and threatened to arrest, the villagers coming to the land to protest the site clearing and destruction of their crops, continued the Joas statement.

The troubles began, said Joas, when a Bugis immigrant was appointed in 2004 by the authorities concerned to become the village headman. The village is made up of Orang Asal from the Dusun including Orang Sungai ethnic groups.

Since 2004, the Sandakan District Chief and the new village headman have been approving and issuing permits described as “Permit Menduduki Lot Perumahan Bumiputra” (Permit to Occupy Bumiputera Housing Lots), said the Orang Asal villagers in court documents cited by the statement. “Those getting the lots are trespassers, outsiders and/or immigrants.”

Despite appealing to the Secretary of Natural Resources since 2006 to look into the matter, said Joas, no decision was made on the complaints and no action taken. “The villagers complained to the court that oppression and victimization have ruined their way of life and made them even poorer. They are facing hardship and insecurity.”

The appeals to the government were followed by more than 20 police reports over the last 10 years. “No action was taken by the police,” said Augustine Aling, a villager from Kampung Sinar Baru Gum Gum, who also signed the Joas statement. “We are now forced to go to the court to seek justice.”

The Joas statement was also signed by activists Galus Ahtoi, Esran Manjah and Sze Ning.