Heartbreak for Nipah virus victims
The 184 victims of the Nipah virus outbreak in 1999 have lost their final bid in seeking damages of at least RM136 million from the government, following a Federal Court decision today.
The 184 victims of the Nipah virus outbreak in 1999 have lost their final bid in seeking damages of at least RM136 million from the government, following a Federal Court decision today.
A three-member panel, led by Chief Judge of Malaya Arifin Zakaria, unanimously decided this morning to uphold a High Court decision to dismiss the multi-million ringgit suit.
The two other judges were Nik Hashim Nik Abdul Rahman and Zulkefli Ahmad Makinudin.
“The respondents’ (victims’) case was so untenable and doomed to fail both on the facts and the laws,” said Nik Hashim, who read out the 24-page judgment.
In 2002, the 184 pig farmers and families of deceased victims or survivors, had filed the suit seeking various damages including special damages for the loss of pigs, damage to their farms and medical and funeral expenses.
They named four defendants in their statement of claims - the federal government and the state governments of Negeri Sembilan, Perak and Selangor.
In February 2004, the Kuala Lumpur High Court had dismissed their suit on grounds that they had not identified the government officers responsible for the damages.
The decision was overruled by the Court of Appeal in April 2005 when it decided that there was no need for the Nipah virus victims to do so and directed the government to enter its defence.
The government then appealed to the Federal Court to reverse the appellate court’s ruling.
Agreeing with the earlier decision that the government officers had not been identified, justice Nik Hashim said today the action could not proceed as a wrong party had been named.
“All five questions of law have been answered and I allow the appeal with costs,” said the judge, adding that the High Court’s decision is therefore restored.
‘Justice not done’
The pig farmers and victims were represented by Malik Imtiaz Sarwar and Ser Choon Ing.
Met after the court decision, Ser (left) said the legal team will look into possible ways to obtain a review of the ruling.
About 20 victims were also present in court. They could not hide their disappointment after being briefed by their lawyer on the court’s decision.
Yu Chin Soong, 50, said he felt justice has not been done to the victims after nearly a decade.
“After waiting for so long, we thought we would at least get a small amount of compensation but we get nothing,” said Yu, who claimed he suffered losses of nearly RM2 million during the outbreak.
The pig farm owned by his family was forced to close down then and Yu (right) is now a fisherman.
The Nipah outbreak from late September 1998 to May 1999 occurred in various parts of Perak, Sleangor and Negeri Sembilan.
The outbreak was reported to have killed more than 100 people and crippled the pig-farming industry in Bukit Pelanduk, Negeri Sembilan. It was believed to have been the biggest in Southeast Asia.
