PUTRAJAYA (June 21): An appellate court judge on Friday recused himself from a bench of three judges at the Court of Appeal, here, which was slated to hear a review of its own decision to disallow durian farmers in Raub to maintain their orchards, which were cordoned off by the Pahang state government.

Some 204 farmers are seeking a review of the COA decision on May 28 this year, which denied them entry into the orchards, pending the disposal of their main appeal against the Pahang government's decision to issue eviction notices against them.

The COA bench was supposed to hear the review bid Friday by lawyers for the durian farmers and lawyers representing the Pahang state government. However, a panel member from the three-judge panel, Datuk Wong Kian Kheong, had made a disclosure that there was a conflict of interest with lawyer Brendan Navin Siva, who is representing the durian farmers.

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However, Brendan and the other parties involved in the case stated that they had no objection to Wong’s presence on the panel.
Wong then said that it was better to recuse himself to ensure that “transparency and integrity” of proceedings are ensured.

Judge Datuk Supang Liang, who was chairing the bench, then allowed this and fixed case management for later in the afternoon to set a new date of hearing with a new judge.

In August 2020, the Musang King durian farmers filed an application to obtain permission for a judicial review against a state government order for them to vacate their farms in various areas in Raub, including in Sungai Ruan, Sungai Chalit and Sungai Klau, measuring about 2,167 hectares.

They named the Raub district land administrator, Pahang forestry director, state authorities, the Pahang state government, the Pahang State Agricultural Development Corporation (PKPP) and the Royal Pahang Durian Resources PKPP Sdn Bhd as respondents.

The application was dismissed by the Kuantan High Court in December 2020, which prompted the farmers to appeal to the COA.

In 2021, the COA allowed their application to stay the land eviction notice issued to them to vacate the plantations, pending the hearing of the judicial review leave application.

In April this year, the Kuantan High Court dismissed the judicial review application by the planters to challenge the Pahang government's decision to issue eviction notices against them.

Judge Datuk Mohd Radzi Harun ruled that the 186 planters involved had no legal right to be on the land in question. The court also confirmed their status as squatters and that the state government's action to evict them was not malicious.

The durian farmers are appealing against this decision, but are seeking to tend to the orchards until the hearing and decision on their status is completed.

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