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Confirmed but no word about appeal: Yong
Published on: Tuesday, June 30, 2020
By: Larry Ralon
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Kota Kinabalu: Datuk Yong Teck Lee is puzzled as to whether the Sabah Government will still appeal the Kota Kinabalu High Court judgement that the appointment of Datuk Amarjit Singh as the Director of the State Water Department was illegal when he is no longer holding the post.  

“Finally, the Sabah Government has belatedly informed that the Director of the Water Department has been changed,” said the former Chief Minister. 

“In a letter dated June 26, the State Attorney-General Chambers informed my lawyers that Amarjit ‘is no longer holding the post of Pengarah Jabatan Air Negeri Sabah.

“Accordingly, I instructed my lawyers to seek confirmation from the Attorney-General whether the State Government will still want to proceed with their appeal against the judgement of the Kota Kinabalu High Court on Oct 9, 2019 that the appointment of the then Director of the Water Department was illegal. 

“Following the High Court judgement, the Sabah Government has appealed. A hearing on the appeal is scheduled for Aug 28. Although a new Director of the Department has already taken office for two months, the State Government has been handling the appeal process as though Amarjit is still the Director,” Yong said in a statement, Monday.

He said if, for some reason, the State Government wants to appeal the High Court judgement, then it means more time, resources and efforts will be spent on the appeal. 

“In this case, it is entirely within my rights to ask for costs when the appeal is dismissed.

“In the court proceedings so far, no costs have been awarded to me and fellow plaintiff as this is a public interest case.

“At the same time, I have also instructed my lawyers to inform the Attorney-General Chambers that we will discontinue the judicial review of the second appointment of Amarjit as the review has been rendered academic by the departure of the illegal director, a non-public servant, from the Sabah Water Department. 

“This judicial review was to challenge the re-appointment of Amarjit when the Government again tried to circumvent the Sabah Water Enactment 2003 by making Amarjit a “Technical Consultant” for three days before transferring him to the Water Department as Director in October 2019, after the High Court judgement,” he said.


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