'Ampang Jaya council protected'

18/02/2006 New Straits Times By V. Anbalagan

PUTRAJAYA, Fri. - After 12 years, two months and six days, the last chapter of the Highland Towers tragedy has closed.

It ends on a bitter note for the survivors and former residents: the Federal Court today absolved the local authority - what is now the Ampang Jaya Municipal Council (MPAJ) - of liability.

In a unanimous decision, the Federal Court held that MPAJ was protected against legal action for events leading to the collapse of Block One.

"MPAJ or its predecessor Majlis Daerah Gombak are fully protected from liability," Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong said.

The MPAJ was also immune from liability for later events that caused the two remaining blocks to be declared unsafe, the court held in a majority decision by Datuk Abdul Hamid Mohamad and Datuk Ariffin Zakaria.

Only Dr Benjamin George, chairman of the Highland Towers Owners and Residents Committee, was in court to hear the judgments read by Federal Court deputy registrar Kamarudin Kamsun.

When it was over, he said: "I came with full hope that the court would decide in favour of the residents.

"I am not happy, but I will accept the decision."

The MPAJ, formerly the Gombak District Council, had been found negligent by the High Court in 2000, in events before the 12-storey Block One of the Highland Towers collapsed on Dec 11, 1993.

It was also found to be negligent in not doing its part to ensure Blocks Two and Three were stabilised and safe.

Forty-eight people were killed in the tragedy. Another 73 were affected when the two remaining blocks were later found to be unsafe and condemned.

In 2004, a defendant, finance company AmFinance Bhd, settled out of court with the plaintiffs, 139 in all, for RM52 million. The company owns the hillslope behind Block One.

The MPAJ, which was assigned 15 per cent of the liability, lost at the Court of Appeal in 2002 and appealed to the Federal Court.

Today, the court said it accepted earlier findings that MPAJ had "created a danger" when it required that a stream on the steep hillslope be diverted, or approved plans for the move.

It also accepted that MPAJ had failed or neglected to maintain the diversion and ensure it was properly maintained, said Shim in his judgment.

Still, it held MPAJ was immune under a provision in the Street, Drainage and Building Act 1974, which protects local councils from legal action arising from their responsibility to approve plans for buildings and other works.

"This ruling would benefit all local authorities. As planning authorities, they would rely on this Act," said counsel for MPAJ, V. S.Viswanathan.