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On a cool Thursday morning in the first half of 2001 AD, my usually subtle morning office mood was jeopardized by a disturbing phonecall. I looked at the phone's LCD screen and there was was the name of the company's legal executive blinking with the ringtone. If there's one thing I've learned from past experiences, when the legal people are calling, it is never a good thing (yes, it's true...even the audit guys have a lot more cheerful reasons to call you, like asking you when's the next BPL match, or how nostalgic the new Sarawak football jersey is). Even a call from the CEO might bear some good news..who knows, could be a promotion? Or maybe a lunch treat? Or maybe a sacking?! Hahaha.
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| The 'dreaded' phonecall... |
I picked up the phone and I as I dreaded, it was bad news (bad news means more work for me!). It seems that some locals have taken the initiative to acquire the services of a law firm to sue the company for the tresspassing and the destruction of their native land. So they are having a meeting on Saturday between their people and our people and I was nominated to be one of 'our' people. Oh, shit! Here we again. My colleague said that it was just a meeting to 'know what heaven's name is actually happening' and reiterated any action taken will be based on the outcome of that meeting. Ok fine, I decided to prep myself nonetheless by looking into who and who this people were and what their agenda was.
Now, this is not the first time I faced this situation but believe me or not, the efforts being made on this sort of matter is futile. Why? Here's why, the answer lies during the meeting itself...
Saturday' Meeting
In the conference room where our people and their people met. Their people consisted of a lawyer a few village representatives.
Bad Lawyer: I'm here to sue you people for tresspassing and destroying my client's precious NCR land.
Us: Sure. Which area are we talking about?
Bad Lawyer: Here (lawyer shows letter). It's in L**** district of B*** division.
Us: But where exactly is it? (we wanted precise locality)
Bad Lawyer: Ermm...wait (now he's consulting with the village reps).
A minute's silence passess us by....
Bad Lawyer: Ok, we got it. It's the area near K**** estate.
Us: Oh, ok. But we've already paid compensation. Everything's signed, sealed and in print.
Bad Lawyer: Oh? You already paid compensation?
Us: Yes. To all the longhouses/villages nearby. There's a record.
Bad Lawyer: Really? Then how come my client hasn't received anything?
Us: Is your client from Rumah...(here we mentioned a list of longhouses involved)?
Bad Lawyer: No....
Now by this very moment, the pressure cooker was starting to heat up even in a conference room air-conditioning that was set to 17 degrees Celsius.
Us: Then which longhouse/village are you representing?
Bad Lawyer: It's this one. (the lawyer provides an address and a poorly drawn map)
Us: But this is nowhere near the land in mention. Yes, it's in the district..but not nearby the land.
Bad Lawyer: I know, but the land was still part of their ancestral heritage.
Bad Lawyer: Here (lawyer shows letter). It's in L**** district of B*** division.
Us: But where exactly is it? (we wanted precise locality)
Bad Lawyer: Ermm...wait (now he's consulting with the village reps).
A minute's silence passess us by....
Bad Lawyer: Ok, we got it. It's the area near K**** estate.
Us: Oh, ok. But we've already paid compensation. Everything's signed, sealed and in print.
Bad Lawyer: Oh? You already paid compensation?
Us: Yes. To all the longhouses/villages nearby. There's a record.
Bad Lawyer: Really? Then how come my client hasn't received anything?
Us: Is your client from Rumah...(here we mentioned a list of longhouses involved)?
Bad Lawyer: No....
Now by this very moment, the pressure cooker was starting to heat up even in a conference room air-conditioning that was set to 17 degrees Celsius.
Us: Then which longhouse/village are you representing?
Bad Lawyer: It's this one. (the lawyer provides an address and a poorly drawn map)
Us: But this is nowhere near the land in mention. Yes, it's in the district..but not nearby the land.
Bad Lawyer: I know, but the land was still part of their ancestral heritage.
What? Ancestral heritage? Give me a break!
Us: Doesn't that mean the people from all the longhouses/villages that we've paid the compensation to should be part of this, right? I mean, how could we have dealt with them,and not with your people? Where were they when we first wanted to negotiate about compensations more than a year ago?
Another minute's silence...and you can add cricket sounds here.
Bad Lawyer: Erm..do you have a map for us to see?
Hahaha...you're suing us but you're asking us to give you a map?! Oh, come on...seriously?? Seriously??? You're asking a map from us? You gotta be joking, man. Is this whole thing on camera or what? Am I on Boiling Points or something? Should I be expecting someone to pop up and give me RM100.00? Seriously?
Us: No..we don't.
Bad Lawyer: Never mind....
Us: Anything else?
Bad Lawyer: That's all...for now....
They shook hands and left.
Now, if this is the way our law firms are going doing their business in safeguarding the rights of our people's land rights then by all means I pity their clients (and the firm themselves!). I do realize that NCR court cases is the trend nowadays coz I've seen a list that shows more than 100 cases that have been brought to court (it's on the rise especially in the last couple of years). A few have actually brought victory to the people, but I have a sinking feeling that many more wouldn't make the cut. However, the lawyers are getting paid nonetheless, no matter how crappy they do their research. C'mon, get your facts straight, you're lawyers for God's sake. If you can't get what I mean from the dialogue above then read this:
1. He was unclear about the actual location of the area in mention. Was it even ours to begin with?
2. We also deal with natives, and our site manager confirms that none of the village representatives that the lawyer brought with him were people who actually live there or live in any of the longhouses in the area in mention...and if he did..it would be contradictory bacause the people who actually live there have made agreements with us. So, is the lawyer even sure if the people he is representing has actual claims to begin with?
3. He was asking a document from us to help him affirm his stand in the matter. THIS IS THE DUMBEST THING HE COULD EVER DO. Of course we're not gonna give you anything!
4. From my point of view, I'm thinking that they are just opportunist who go door to door from one company to the next to sue them all for violating what is 'claimed' to be NCR land. But wait a minute, if that is so, why don't just sue the state government? They're the ones issuing land to the comapanies, we're just doing what we're suppose to do, developing it! So why should we be blamed for an 'instrusion' that we were not responsible for. And why are you taking action now? Are you waiting for the palms to be planted before you sue so that you can get the land AND the development that has been done over it? Is that clever? Or just greed?!
With that, we never really heard from them again, but I dunno - they may come back with a vengeance next year..or the year after that. They always do, coz that's their bread and butter, man. But for this particular case, his firm may need to scrap it.
Coz it looks to me, and I also quote this from a very good friend and colleague, "If they are going to sue us this way, then they might as well sue us for the whole of Sarawak." True indeed, this is what we would call hentam kromok or main tembak ajak. I understand that suing companies for NCR infringement in the 'IN' thing right now, with the state government issuing its call to finally make actual perimeter surveys of NCR areas. So it suddenly become a trend for locals to engage law firms to bring their NCR issues to court.
I actually applaud this coz it shows that we are no longer passive when it comes to the violation of our rights. But people, come on...make sure what you are bringing to court, IS YOUR RIGHT. If you're not sure, be sure of it first...with facts! Don't just pick a lawyer and take him on a rollercoaster ride (some people end up puking at the end of rollercoaster rides you know). And oh, lawyers...just because you see someone offering you a case...and simply because its NCR related, don't just jump into the bandwagon. Make it sure for yourself that what you are about to take is for real and tangible and has the utmost legitimacy...coz you;ll regret it later if you don't (Honestly, should I even be saying this to lawyers? They should know better, right?).
In truth, these are actually things that shouldn't have happened but it did and personally, I had so much fun and laughs when I looked back at this. So I hope you guys do to. The moral of the story is 'Don't make yourself look stupid in front of people - especially people you're about to sue'.
Hahahaha.
Us: Doesn't that mean the people from all the longhouses/villages that we've paid the compensation to should be part of this, right? I mean, how could we have dealt with them,and not with your people? Where were they when we first wanted to negotiate about compensations more than a year ago?
Another minute's silence...and you can add cricket sounds here.
Bad Lawyer: Erm..do you have a map for us to see?
Hahaha...you're suing us but you're asking us to give you a map?! Oh, come on...seriously?? Seriously??? You're asking a map from us? You gotta be joking, man. Is this whole thing on camera or what? Am I on Boiling Points or something? Should I be expecting someone to pop up and give me RM100.00? Seriously?
Us: No..we don't.
Bad Lawyer: Never mind....
Us: Anything else?
Bad Lawyer: That's all...for now....
They shook hands and left.
Now, if this is the way our law firms are going doing their business in safeguarding the rights of our people's land rights then by all means I pity their clients (and the firm themselves!). I do realize that NCR court cases is the trend nowadays coz I've seen a list that shows more than 100 cases that have been brought to court (it's on the rise especially in the last couple of years). A few have actually brought victory to the people, but I have a sinking feeling that many more wouldn't make the cut. However, the lawyers are getting paid nonetheless, no matter how crappy they do their research. C'mon, get your facts straight, you're lawyers for God's sake. If you can't get what I mean from the dialogue above then read this:
1. He was unclear about the actual location of the area in mention. Was it even ours to begin with?
2. We also deal with natives, and our site manager confirms that none of the village representatives that the lawyer brought with him were people who actually live there or live in any of the longhouses in the area in mention...and if he did..it would be contradictory bacause the people who actually live there have made agreements with us. So, is the lawyer even sure if the people he is representing has actual claims to begin with?
3. He was asking a document from us to help him affirm his stand in the matter. THIS IS THE DUMBEST THING HE COULD EVER DO. Of course we're not gonna give you anything!
4. From my point of view, I'm thinking that they are just opportunist who go door to door from one company to the next to sue them all for violating what is 'claimed' to be NCR land. But wait a minute, if that is so, why don't just sue the state government? They're the ones issuing land to the comapanies, we're just doing what we're suppose to do, developing it! So why should we be blamed for an 'instrusion' that we were not responsible for. And why are you taking action now? Are you waiting for the palms to be planted before you sue so that you can get the land AND the development that has been done over it? Is that clever? Or just greed?!
With that, we never really heard from them again, but I dunno - they may come back with a vengeance next year..or the year after that. They always do, coz that's their bread and butter, man. But for this particular case, his firm may need to scrap it.
Coz it looks to me, and I also quote this from a very good friend and colleague, "If they are going to sue us this way, then they might as well sue us for the whole of Sarawak." True indeed, this is what we would call hentam kromok or main tembak ajak. I understand that suing companies for NCR infringement in the 'IN' thing right now, with the state government issuing its call to finally make actual perimeter surveys of NCR areas. So it suddenly become a trend for locals to engage law firms to bring their NCR issues to court.
I actually applaud this coz it shows that we are no longer passive when it comes to the violation of our rights. But people, come on...make sure what you are bringing to court, IS YOUR RIGHT. If you're not sure, be sure of it first...with facts! Don't just pick a lawyer and take him on a rollercoaster ride (some people end up puking at the end of rollercoaster rides you know). And oh, lawyers...just because you see someone offering you a case...and simply because its NCR related, don't just jump into the bandwagon. Make it sure for yourself that what you are about to take is for real and tangible and has the utmost legitimacy...coz you;ll regret it later if you don't (Honestly, should I even be saying this to lawyers? They should know better, right?).
In truth, these are actually things that shouldn't have happened but it did and personally, I had so much fun and laughs when I looked back at this. So I hope you guys do to. The moral of the story is 'Don't make yourself look stupid in front of people - especially people you're about to sue'.
Hahahaha.
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