"Mangkang Menua,Mangkang Dunya,Ngetan Ke Bansa!!"

July 23, 2010

After 13 years,an indigenous woman wins justice for her dead husband

 

Taken from Borneo Independent News Service’s

After 13 years, an indigenous woman wins justice for her dead husband
Court rules Malaysian police and government negligent in 1997 killing of Dayak farmer
20 July 2010
Victorious Dayak community after a 13 year wait for justice. Iban heroine Ndukmit ak Egot, stands in the middle, bottom row, fourth from left (wearing glasses). Her lawyer Harrison Ngau stands directly behind.

Miri, Sarawak — Iban woman Ndukmit ak Egot today found justice in Miri civil courts for her husband Enyang ak Gendang, who was killed by Police Field Force Personnel over a conflict between the indigenous Dayak villagers and the oil palm company. The court ruled that the police were negligent in firing the shot that hit and killed Enyang and that the Malaysian government was vicariously liable for the negligence of the police.

After thirteen years, this judgement is a victory for Ndukmit, her family and the villagers of Rumah Bangga in Bakong. On 19 December 1997, 50 Police Force personnel armed with batons, pistols and M16 rifles opened fire on Dayak Iban community.

Three Ibans were shot. Enyang Ak Gendang, 40, was shot in the head and died after five days in a coma. Eight villagers were injured. About 30 Ibans were arrested and detained.

The police were not held accountable and in 2008 an inquest was conduct. The coroner then found the police were not negligent, that the shooting was a misadventure and there was no further case for investigation.

When called to account for the death by no less than the United Nations Commission on Human Rights in 1999, the Malaysian government had this to say:

Regarding the case of Enyang Ak Gendang, the Government stated that following the incident in which the victim was killed, the police suggested that the Sarawak Land Custody Development Authority and the Empressa company arrange a dialogue with the Iban indigenous community with a view to compensating the Ibans as promised. The Government reported that since the incident Empressa and its subcontractors had ceased their operations.

A single paragraph on a life lost and a family abandoned. Enyang ak Gendang was the sole breadwinner in the family.

In 2000, the widow of Enyang, Ndukmit ak Egot filed a civil case against Corporal Hussaini bin Sulong, his superiors and the Government of Malaysia. Ten years later, the court decided to proceed with the trial.

Earlier in 2010, when it was learnt that the case would be brought to trial, Mark Bujang, Executive Director for Borneo Resources Institute (BRIMAS) said, “The widow wants justice to be done to her late husband. It has been more than 12 years yet, those who shot Enyang were never charged with any criminal offence. What is worse, the police tried to say that the Ibans were violent and started the fight where the police were force to use their firearms. While I don’t know why the case was delayed for so long and I was disappointed when twice the case was brought for inquest and twice the coroner gave an open verdict, I am very happy that Ndukmit will finally get her trial.”

And her supporters will be very glad that today justice, for so long delayed, has, at least, partly been served.

2 Comments »

  1. agi idup agi nelaban, that is the true spirit of our people. the Sarawakian!

    Comment by Alex Madina — July 23, 2010 @ 2:18 am | Reply

    • “Shouts of ‘Freedom!’ will resound throughout the halls which once were filled with the sighs and groans of despair”

      Comment by Pengayau — July 25, 2010 @ 9:40 pm | Reply


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