Three Iban owners of native customary rights (NCR) land are waiting to hear if they will have to answer a charge of causing mischief, by setting alight three sheds belonging to a timber company.

The complainant had informed the police to drop the case against Jacob Emang @ Imang and two others, but the senior federal counsel decided to proceed with the case.

Jacob, 69, a businessman, was told to appear at the Sri Aman Session’s Court this morning, but the hearing was adjourned to July 14.

Kuching-based Sessions Court president Nixon Kennedy, who was to have heard the case, was not available today.

Complainant Koh Ing Tee@ Goh Ing Tee , the camp manager for timber licensee Kotasar Sdn Bhd, had lodged a second police report on Jan 21 to withdraw allegations against the three that he had made in a report filed last year.

see chee howJacob’s lawyer, See Chee How (left) told Malaysiakini later: “It’s not for the complainant to decide to withdraw the complaint because this is not a compoundable offence.”

Koh had alleged that the trio had set alight three rumah tarik (temporary workers’ sheds) belonging to the timber company.

The company, said to be linked to a member of the family of the Sarawak governor, has obtained concession rights over a 5,000-acre site near the Kelingkan Range.

There are 14 Iban longhouses in the area, with sizeable plots of NCR land planted with fruits and crops. Problems began last year, when the logging company allegedly encroached into the land.

Company admits fault

In his second police report, Koh acknowledged that the three sheds were all located on NCR land belonging to Jacob.

“We did not have his permission to place the rumah tarik and our other property on his land,” said Koh.

He also expressed understanding over the “drastic action” that Jacob, a former senior education officer, had taken in order to protect his land against trespass.

“(The) company admits that he had a legitimate right to take action as we had been warned on a number of occasions (and told to remove) the rumah tarik and other property within (the specified) period.”

Koh further admitted that the company had failed to comply with Jacob’s demand.

“We have tendered our profound apologies to him for the trouble we have caused, and he has kindly accepted it.”

Koh also said both parties have agreed to settle the case amicably and that the company would like to maintain “a cordial relationship” with Jacob and his community, as it is still operating in the area.

“In view of this, I would be grateful if the police and the senior federal counsel would kindly agree to have the case withdrawn as soon as possible,” he added.

About 20 supporters, including Jacob’s wife, were in court today.