Bkt Koman residents fail to stop goldmine

Hafiz Yatim | Jun 1, 09 1:21pm

Villagers of Bukit Koman in Raub today failed in their bid to stop a goldmine from carrying out its activities which were causing environmental damages and health concerns.

The 3,000 plus villagers, represented by the Action Committee Against the Use of Cyanide, had wanted to seek leave from the High Court to pursue their claim against Raub Goldmining Sdn Bhd.

They had wanted the company to provide a detailed environment impact assessment report and to stop the project.

However Kuala Lumpur High Court judge Lau Bee Lan dismissed their application on the grounds that the application was made out of time.

The judge ruled that the Department of Environment had already approved the preliminary environment impact assessment report in 1997 and had issued a license to the company to operate.

"The court also cannot force the company to make a DEIA now as the time frame had elapsed," Lau ruled. She did not make any orders as to costs.

About 50 residents came in a bus, expecting a decision favouring them.

"We have nothing else to do but wait to die," said some of the residents who packed the court room.

The villagers filed the application on March 21, 2008, while the factory had began its full operations using cyanide since February 2009.

We will appeal

Following today's decision, the villagers' chairperson Wong Kim Hong indicated that they will appeal against the ruling later this week.

Earlier this month, an environmental activist Chong Sow Pin, 63, from Kampung Baru Bukit Koman, died at his orchard, some eight kilometre from the village parking.

His death sparked fear over the potential hazardous gold-mining activity with the used of cyanide.

On March 21, Bukit Koman residents led by Wong, Chong, Hue Fui How, and Mustapha Hussin filed their judicial review application on behalf of the residents where they named the Department of Environment (DOE) and Raub Goldmining as the respondents.

This follows the residents complaint over the concern in the use of cyanide in extracting gold leftover and is seeking several declarations namely:

* They want the court to declare that the Environmental Impact Assessment (EIA) report submitted by the mining company to the DOE in 1996 did not comply with certain requirements of the Environment Quality Act;

* They are also seeking a certiorari (to quash) the DOE's approval of the preliminary EIA report;

* They want a DEIA done be ordered on the company;

* A declaration that the developers must obtain a detailed EIA before proceeding with gold-mining works.

* The residents also want the court to order the company to cease its operations until a DEIA is made.

The villagers are up-in-arms on concerns over the project because they are living in close proximity, about two metres from the gold-mining area. They even questioned how the authority could approve such a project.

The residents were represented by Jessica Ram Binwani, while the Australian company was represented by Cecil Abraham. Senior Federal Counsel Nizam Zakaria.

Residents living in haphazard health

When met following the decision, Wong (left) claimed that the residents were not aware of the project until they discovered the use of cyanide.

“The residents do not know that this toxic was being used and we are extremely upset that the company has been allowed to use it in close proximity to our village.

“This is also a danger as the project is located near the Sungai Koman river with the possibility that the toxic may seep into the waterways.

"Since the project had commenced in February, the residents’ health deteriorated due to the effects of cynanide,” he said, adding that the authorities should have consulted and briefed the residents on the potential health risks involved.

Following this, Wong is hopeful of a favourable outcome when they file the appeal at the Court of Appeal.

“The courts should be protecting the people due to such public hazard,” he said.

An independent report on the project had found that the greatest environmental and health risk of the project was the potential release of heavy metals which could contaminate groundwater and surface water supplies in the vicinity of the project area.