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Court dismisses objection to charge of obstructing sand extraction

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SIBU: A Magistrates’ Court here yesterday dismissed the preliminary objection raised by eight accused persons over a charge of obstructing a contractor from sand extraction in their longhouses in Ulu Mukah.

Magistrate Zuibadah Sharkawi fixed April 9 for the hearing at Mukah Magistrates’ Court.

The eight accused from Rumah Radin, Rumah Salek, Rumah Bakar and Rumah Asun were each released on RM3,000 bail with two sureties on Jan 10.

They were each ordered to deposit RM1,000 with the court.

The eight were alleged to have obstructed workers from Himma Shipping Sdn Bhd from extracting sand at Lubok Jelutong, Sungai Batang Mukah between 9am and 5.30pm on Dec 31 last year.

They were charged under Section 399 of the Penal Code, punishable under Section 341 of the same code which is read together with Section 34 of the same code.

If convicted, they face imprisonment which may extend to one month or with fine up to RM1,000 or both.

Land Custody and Development Authority (LCDA) was said to have contracted the contractor to do the sand extraction work.

Defence counsel See Chee How who raised a preliminary objection to the charge contended that the obstruction was done in good faith as the accused persons believed it was their legal right to obstruct and prevent the complainants from entering their NCR land area to extract sand or other materials.

See said the accused felt the sand extraction would affect the foundation of their longhouses and pollute the river.


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