Ewon
KOTA KINABALU (Sept 21): The 22 KadazanDusun Murut Rungus (KDMR) associations which have filed a customary claim against lawyer Marcel Jude, said the decision by the Tamparuli Native Court to drop the case came as a shock to them.
Their spokesperson Datuk Ewon Ebin in a statement on Tuesday said that they believed the Tamparuli Native Court had acted illegally and against judicial procedure.
The group of dissatisfied KDMR associations filed a statement of claim in the Native Court in Tuaran on August 15, against Marcel for his remarks describing the annual Unduk Ngadau pageant as a ‘cattle show’.
The claim was filed by United Sabah Dusun Association Association (USDA) president Datuk Ewon Ebin representing the other 19 associations namely Angkatan Perpaduan Sabah (APS), Momogun National Congress (MNC), Persatuan Dusun Luba Sabah, Persatuan Kebudayaan Lundayoh, Persatuan Tombonuo Sabah, Persatuan Suang Lotud, Persatuan Pengamal Adat Sabah, Persatuan Tatana Kebudayaan Sabah, Persatuan Penjajah dan Peniaga Kecil Pasar Besar Kota Kinabalu, Rungus Cultural Association (RCA), Persatuan Kimarangan Sabah, Persatuan Suku Kaum Dusun Subpan Segama, Lahad Datu Sabah, Persatuan Etnik Sonsogon Sabah, Persatuan Desanita, Persatuan Tinagas Zon Utara, Persatuan Tindal Sabah, Persatuan Komulakan Suang Lotud Tuaran and Persatuan Tobilung Sabah.
Ewon said that upon receiving the claim, the Tamparuli Native Court fixed the hearing on 15th September 2021.
“However, the Tamparuli Native Court had issued a letter dated 3rd September 2021 stating that the case had been dropped. I on behalf of USDA had received the letter but am unaware if the other plaintiffs had received the letter.
“We had a meeting on 11th Sept 2021 to discuss the matter with consultation with our legal advisor and we concluded that the native court had acted unlawfully,” he said.
Firstly, Ewon claimed that the court had decided to cancel the case without conducting a hearing with the presence of both the plaintiffs and the defendant.
“The Tamparuli Native Court is an independent judicial entity and it cannot make decisions on the advice of another native court. This portrays a betrayal of the independence of the court by subjecting itself to outside influence,” he opined.
He also claimed that the assertion by the Penampang Native Court that the case had been settled via the mediation by the Kadazandusun Cultural Association (KDCA) is legally invalid because KDCA is only an association which in the first place does not represent the whole KDMR community.
“And secondly the so-called settlement was not done in a proper judicial procedure. Therefore we maintain that a legal settlement was not achieved. We therefore decided to write and meet the Tamparuli District Chief to demand that the hearing of the case must proceed and if he stands by his decision, we will bring this matter to the higher court,” said Ewon.