The High Court in Malacca has decided not to hear in open court the application for leave to quash an order to demolish an Orang Asli church in the state, and has instead asked for written submissions.
“The judge has asked the lawyers to send in written submissions and a decision will be made after he reads these on May 11,” Machap Umboo Chapel Committee representative Pastor Joseph Boon told Malaysiakini.
He said judicial commissioner Ahmad Nafzy Haji Yasin gave both sides two weeks from today to send in their submissions.
“But our lawyers will submit our submissions today,” Boon said.
The application was for leave for judicial review of the demolition notice dated Sept 20, last year, served by Majlis Perbandaran Alor Gajah on the Machap Umboo Chapel, located in the Orang Asli village of Machap Umboo.
The same court had earlier issued a stay order to halt the demolition pending resolution of the judicial review.
Lawyer Victoria Ng, representing the applicant Heerby Siam, an Orang Asli member of the chapel committee, said that “this was based on a recent answer from the attorney-general’s chambers to the applicant”.
Boon explained that they had asked for an undertaking from the Attorney General's Chambers on the pledge made by the Department of Orang Asli Development (Jakoa) director-general to support all and any effort to protect Orang Asli property and land.
“According to our lawyers, they have received a guarantee from the AG's Chambers on the pledge,” he added.
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