Cops, lawyers face-off over violent land dispute

Sabah police and members of the local legal community are at each others’ throats over a violent land dispute in Tingkayu, Kunak.

Sabah police chief Noor Rashid Ibrahim is challenging lawyer Ansari Abdullah to sue him over the death of his client, Seipon Kayabo, 46, in the bloody incident on Feb 12, in which police allegedly failed to provide an escort to 171 smallholders who wanted to enforce a court injunction allowing them access to disputed land.

The Kunak police had allegedly refused to assist them in the execution of the injunction or investigate the numerous reports lodged in anticipation of violence in the disputed land area.

"Sue me... (so) I can appear in court and talk. I have all the records," Noor Rashid dared in response to remarks in the media by Ansari, who is representing the family of the deceased.

Violence ensued last week when an undisclosed number of illegal immigrants - including many with MyKads - set upon a group of local smallholders seeking to harvest their oil palm fruits in disputed land.

Noor Rashid also disputed Ansari’s allegations that he had either not read, forgotten or was not familiar with the Police Act 1967 when discharging of his duties.

Citing points in Section 20 sub-section 3(f) of the Act, the police chief faulted the smallholders for not obtaining a directive from the court, along with the injunction, seeking a police escort and assistance in the matter.

"The court injunction was addressed to Syarikat Kerjasama Pembangunan Tanah Tingkayu Berhad – a defunct co-operative – and not the police," said Noor Rashid. "If we are directed by the court, no problem. We are happy to serve people from the highest level of society to the lowest, even beggars.

"In this case, the smallholders should have referred the matter to the court, especially as they had to be escorted to the plantation.

"I regret the incident happened. We have spent thousands of man hours to maintain peace and security in the area," said Noor Rashid. "It’s very sad that people got injured and killed. But we have to be neutral in upholding the law."

Asked about allegations that ASP Dzulmukzani Ismail of the Kunak district police station had failed to respond despite being alerted three hours before the incident by lawyer Valentino James Tanggar who accompanied the smallholders, Nor Rashid explained that the officer in question was at a meeting at the time and his mobile phone was on ‘silent mode’.

The police chief also disputed Ansari’s claim that between 100 and 150 illegal immigrants were involved in the incident, saying the number was much smaller, only around 20.

The Sabah Law Association (SLA), however, disagreed with Noor Rashid and instead backed Ansari.

SLA president John Sikayun said, "The police are duty bound to provide protection when disturbance of public peace is anticipated.

"Tanggar did the right thing by requesting assistance from the police," said Sikayun. "However, the police failed to provide assistance to the lawyer who was discharging his duties in executing an order made by the court."

He also urged the police to thoroughly investigate the incident and take action on those who had attacked Tanggar and the other men with him.

Ansari confirmed that he was instructed by the family of the deceased to take legal action against all those involved, including police, for the murder.

Local community leaders in Kunak, who pleaded anonymity, claimed that the problem in Tingkayu stemmed from the presence of a ‘mafia leader’ who has often claimed that he could get away with anything.

"Kunak is a small community. Everybody knows everybody," said one community leader. "The threat is posed by illegal immigrants and other foreigners. The question is, why are these people allowed to keep all sorts of dangerous weapons, like those used in the Tingkayu attack?"

Police said they have picked up seven people involved in the incident, including a 39-year-old man who has two previous convictions for robbery and drug offences. The man is the main suspect in the killing of Kayabo, who was apparently shot in the back while taking pictures of the disputed land.

The suspect is expected to be charged soon. Police are also engaged in a manhunt for 14 other suspects who are apparently on the run and are feared to have fled the state.