KUALA LUMPUR: The government is to pay RM1.2 million as a full settlement in negligence suits filed by the Orang Asli families over the missing of seven of their children from a school hostel in Pos Tohoi, Gua Musang, Kelantan, eight years ago.
Based on the settlement terms recorded before Kota Bharu High Court Judge Datuk Mohamad Abazafree Mohd Abbas yesterday, both parties reached an agreement that the defendant (government) is to pay RM1.2 million and costs of RM60,000 as a full and final settlement for the case.
The full and final settlement of the case is also without any acknowledgement of liability from all defendants.
In addition, the third party (the insurance company) agreed to pay RM150,000 including costs as a full and final settlement for all the cases.
Lawyer and activist Siti Kassim, who was supposed to appear as the first witness in the trial when contacted said the settlement was agreed upon after discussions between government representatives and the families’ lawyers outside of court just before the trial.
In 2018, the plaintiffs filed the suit against nine defendants for breach of constitutional duty, statutory duty and fiduciary duty, causing the seven Orang Asli children of Sekolah Rendah Pos Tohoi in Gua Musang to go missing from their hostel for 47 days.
They named the government of Malaysia, the Minister of Education, the Director General of Education, the headmaster of the school, the hostel warden, the Minister of Rural Development, the director general for Orang Asli Development, the Inspector-General of Police and Gua Musang police district chief as defendants.
The seven victims, comprising six girls and a boy, escaped from the school’s hostel on Aug 23, 2018, for fear of punishment after going for a swim in a river without permission.
Of the seven, only Norieen Yaakob, then 11, and Miksudiar Aluj, then 12, survived after getting lost in the nearby jungle for 47 days.
Norieen’s younger brother, Haikal, eight; Ika Ayel, nine; Juvina David, seven; Linda Rosli, eight, were found dead in the jungle, while Sasa Sobrie, also eight, was not found.
The plaintiffs were represented by several lawyers among others Datuk Gurdial Singh Nijar, Andrew Yeap and Tan Hooi Ping while Senior Federal Counsel Andi Razalijaya A. Dadi acted for all defendants. – BERNAMA
