TAPAH, June 12 — A man in his 30s has been remanded for four days from today to assist investigations into a defamation case involving an Orang Asli village head (Tok Batin) of Kampung Lubuk Gaharu during a TikTok live stream.

Magistrate Nurul Hidayu Zakaria at the Magistrates’ Court here issued the remand order against the suspect, who arrived at court at about 8.50 am under police escort.

The case is being investigated under Section 500 of the Penal Code, Section 233 of the Communications and Multimedia Act 1998, and Section 14 of the Minor Offences Act 1955.

He was arrested at his home in Ipoh at about 1 pm yesterday following 11 police reports, Tapah district police chief Supt Abdul Malik Hasim said.

The man went viral during a live stream after claiming Tok Batin Mohd Asmmadi Abdullah had been “keeping” a hiker Jaslinda Saludin, for two weeks and that he would marry her if the matter had not gone viral.

The suspect had issued a video apology over the controversy involving the post.

Jaslinda, 49, was found safe by villagers in Kampung Orang Asli Lubuk Gaharu after going missing for 14 days while hiking Gunung Batu Putih. — Bernama

PUTRAJAYA, June 16 — The Federal Court today ruled in favour of seven Orang Asli villagers by ordering that each receive RM20,000 in general damages following the destruction of their ancestral graves.

A three-member bench comprising Justices Datuk Nordin Hassan, Datuk Seri Vazeer Alam Mydin Meera and Datuk Lee Swee Seng unanimously allowed the villagers’ appeal and reinstated the earlier decision of the Kuantan High Court.

The ruling overturned the Court of Appeal’s October 2024 decision, which had favoured Agrobest (M) Sdn Bhd, a company involved in the prawn farming industry, and two of its employees.

Agrobest is a wholly-owned subsidiary of ABSF International Group (M) Sdn Bhd and had entered into a 30-year lease agreement with the Pahang State Secretariat Corporation to develop sea prawn pond farming on the land concerned.

Delivering the unanimous judgment, Justice Lee said the High Court was “perfectly positioned” to assess the evidence and determine that the villagers had successfully established their connection to the grave sites and tombstones.

He said the destruction and desecration of the ancestral graves constituted an infringement of the villagers’ native proprietary rights, making them entitled to compensation as correctly determined by the High Court.

Justice Lee added that the High Court had properly evaluated oral testimony and rightly concluded that the villagers had proven their family connection to the burial sites that were desecrated.

He further said that Orang Asli communities retain the right to use and enjoy their ancestral lands unless those rights have been lawfully extinguished through compensation under the Land Acquisition Act 1960.

According to the court, the villagers had previously been directed by the Orang Asli Development Department (JKOA) to vacate and relocate from the area to make way for a large-scale prawn farming development without receiving compensation.

Despite relocating, the villagers continued returning annually to perform customary rituals at their ancestors’ graves.

The seven villagers, comprising Rosli Jedut, Atan Baro, Melah Hamid, Awang Bako, Esah Wir, Kasim Awang, and Majib Kasim, filed the lawsuit in 2019, alleging trespass and the destruction of graves at a burial site in Kampung Orang Asli Batu 20, Mukim Bebar, in Pahang’s Pekan district.

On July 11, 2023, the Kuantan High Court ruled that the villagers had successfully proven their claim against Agrobest and awarded each of them RM20,000 in general damages for the loss suffered as a result of the damage caused to the burial site.

The High Court also found that a backhoe contractor engaged by the company during excavation works had acted in a manner that failed to respect Orang Asli customs and traditions.

However, on October 22, 2024, the Court of Appeal overturned the ruling, holding that the villagers lacked legal standing to bring the action after finding insufficient proof that they were descendants of those buried at the site.

In June last year, the Federal Court granted leave for the villagers to appeal the appellate court’s decision. The appeal was heard over two days on January 26 and June 8 this year.

At today’s proceedings, the villagers were represented by lawyers Steven Thiruneelakandan, Yogeswaran Subramaniam, Hon Kai Ping and Ananthan Nithya Moorthi, while Agrobest and its employees were represented by counsel Henry Ngok Heng Hui, Vernise Ng Si Hui and Wong Yung Hang. — Bernama