Appeals court judge recuses himself from durian farmers’ hearing

Appeals court judge recuses himself from durian farmers’ hearing

Justice Wong Kian Kheong says he is connected to one of the lawyers representing the parties in the case.

One hundred and thirty-one Pahang durian farmers are fighting eviction from land owned by the state government. (Bernama pic)
PUTRAJAYA:
The Court of Appeal has rescheduled to July 19 the hearing of an application by 131 durian farmers and Perbadanan Kemajuan Pertanian Pahang (PKPP) to vary a judge’s orders on maintaining fruit orchards pending the disposal of their appeal against eviction.

This follows Court of Appeal judge Wong Kian Kheong, who sat on the three-member panel, recusing himself from the case after he revealed that he is connected to one of the lawyers representing the parties in the case.

Wong said he was grateful that no one objected to him hearing the case, but in the interest of transparency and integrity, he must withdraw.

Justice Supang Lian, who chaired the panel, said the hearing scheduled today is vacated.

The remaining judge presiding on the panel is Justice Azhahari Kamal Ramli.

Brendan Navin Siva, representing the farmers, confirmed July 19 as the new hearing date following case management before Court of Appeal deputy registrar Zuhrina Nor.

On May 28, Court of Appeal judge Lee Swee Seng denied the farmers’ application to allow them to cultivate and maintain the durian orchards pending the disposal of their appeal against the Pahang government’s decision to evict them.

He also made an order that they shall not interfere with the land except with leave of the court, pending the disposal of their appeal.

Lee ordered PKPP to maintain the trees by fertilising, watering them and harvesting their fruits, as well as by warding off all pests and animals.

He said PKPP must also file an affidavit before the 10th of every month to account for the grade of durian fruits and their selling price.

Pahang legal adviser Saiful Edris Zainuddin appeared for the state government alongside assistant legal advisers Dorah Abdul Kadir and Abdul Hafiz Razat. The farmers were also represented by lawyer Siew Choon Jern.

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