Counsel Siew Choon Jern said a team of lawyers is discussing a number of options even though a hearing has been scheduled on July 21 to appeal against a High Court ruling handed down on Dec 23 last year.
“We are collecting information from the farmers and have also written to the state authorities for clarification,” Siew told FMT.
He said he was perplexed by the action of the state forestry department to enter the land and chop down durian trees.
“It is mind-boggling for the authorities to enter the land when the farmers have obtained an order that will see the status quo remain,” he said.
It was reported yesterday that 18 individuals, said to be illegal durian farmers, had been detained for trespassing into the Batu Talam permanent forest reserve in Raub.
The farmers, who were alleged to have provoked the forestry department enforcement officers, were taken to the Raub police headquarters at about 4pm.
The department said it lodged police reports and provided video recordings to the police.
“The department’s investigating officers are continuing their probe on the illegal farmers (for trespassing),” it added in a statement.
Save Musang King Alliance (Samka) confirmed in a statement that 18 farmers, including its president, Wilson Chang, were detained.
However, lawyer Chan Yen Hui said all were freed on police bail this morning.
On Jan 5, the Court of Appeal allowed an interim stay by the farmers pending their appeal to set aside a High Court ruling which refused them leave for judicial review.
This means they can continue to cultivate their land with no interference from the authorities.
Lawyer Brendan Navin Siva had said “until the disposal of the matter (in the Court of Appeal), it is status quo for the farmers”.
On Dec 23, High Court judge Zainal Azman Ab Aziz dismissed the application by the farmers for leave for judicial review against the eviction notice.
He said the notice issued by a land administrator cannot be reviewed by a court and the farmers had no legal standing since they were trespassers.
The farmers had filed for a judicial review against the order for them to vacate their farms in various areas in Raub, including in Sungai Ruan, Sungai Chalit and Sungai Klau, covering 2,167ha.
They named the Raub district land administrator, the Pahang forestry director, the state government, the Pahang State Agricultural Development Corp (PKPP) and Royal Durian Resources PKPP Sdn Bhd.
Apart from the order to vacate the land under the National Land Code 1965 and the National Forestry Act 1984, they also want a ruling on the state government’s alleged decision to lease the 2,167ha to Royal Pahang Durian Resources PKPP.
The applicants also applied for a review of the decision to sublease the land and the mandatory requirement to sell durians to a single entity nominated by the company.