Villagers fail to get judicial review of gold mining report

http://thestar.com.my/news/story.asp?file=/2009/6/2/courts/4025540&sec=courts

KUALA LUMPUR: The High Court has dismissed a leave application by four residents of Kampung Bukit Koman in Pahang for a judicial review of an environmental impact assessment (EIA) report on a gold mining project in Raub.

High Court judge Justice Lau Bee Lan dismissed in chambers the residents’ application for a judicial review against the Department of Environment director-general’s approval of the preliminary environmental impact assessment report dated Jan 13, 1997, for the proposal to mine gold with the use of cyanide in Bukit Koman.

She said the application, which cited the director-general of the Department of Environment and Raub Australian Gold Mining Sdn Bhd as respondents, was “out of time” as it was filed in March 21, 2008, more than 11 years after the EIA report had been approved.

She said there had been an inordinate delay in filing the application for a judicial review.

The judge also pointed out that the applicants had six instances to file the application but had failed to do so. The court also dismissed an order against Raub Australian Gold Mining to present a new and detailed EIA report before continuing their mining activities.

The residents’ counsel, Jessica Ram Binwani, said she would file an appeal this week after receiving a resounding “yes” from about 50 residents who were present in court, when asked if they wanted to appeal the decision.

The leave application was filed on March 21 last year by Wong Kin Hoong, Chong Sow Pin, Hue Fui How, and Mustapha Hussin, in representing the residents of Kampung Bukit Koman, who claimed that mining using cyanide to extract gold had damaged their health.

Datuk Cecil Abraham, S.Nathan-Balan and Sunil Abraham appeared for Raub Australian Gold Mining; Nizam Zakaria from the Attorney-General Chambers represented the director general; while Karina Yoong and Jessican Binwani appeared for the four applicants.