PUTRAJAYA, Dec 3 — The Court of Appeal (COA) today upheld the general damages awarded to four orang Asli of the Temiar tribe from Kg Jias, Gua Musang in Kelantan, over unlawful demolition of their church in 2007.

However, the court set aside exemplary damages awarded by the Kota Baru High Court on July 15, 2009 against the Gua Musang Municipal Council and two other defendants.

Justice Datuk Abdul Wahab Patail, who led a three-man bench in hearing the case, ordered the Gua Musang Municipal Council to pay cost of RM10,000 to the plaintiffs.

The other judges on the panel were Justices Datuk David Wong Dak Wah and Datuk Tengku Maimun Tuan Mat.

On July 15, 2009, the Kota Baru High Court in its decision had ruled that the council had demolished the church without giving due notice of 30 days and declared the council’s move to put up a multi-purpose building on the site of the church as an act of trespass.

After today’s decision, the plaintiffs’ counsel Subramaniyan A. Nambiar and Lum Chee Seng told reporters that with the decision the matter will be revert back to Kota Baru High Court for assessment of the general damages.

The suit filed on July 1, 2007, by the village’s headman Pedik Busu and three others had named the Gua Musang District Council head, the Gua Musang assistant Land and District officer and the PAS-led state government as respondents.

In today’s appeal, only the first defendant (municipal council) had appealed against the High Court decision. — Bernama