MPAJ partly to blame, court told
20/07/2005 The Star

PUTRAJAYA: The conduct of the Ampang Jaya Municipal Council's (MPAJ) predecessor, Majlis Daerah Gombak (MDG), clearly contributed to the collapse of Block One of the Highland Towers, the Federal Court heard yesterday.

Counsel for the 73 residents of Blocks Two and Three, N. Rajendra, said that even though the judge found that Arab Malaysian Finance Bhd's (AMFB) acts and omissions caused the Highland Towers tragedy, it did not mean the acts and omissions of the other defendants, including the MPAJ, were precluded.

He said the judge had found that the MDG had clearly allowed a dangerous diversion of the East Stream across the hill slope behind High- land Towers.

He also said the MDG failed to comply with a master drainage plan approved by the Department of Irrigation and Drainage (DID) for this diversion and allowed a very dangerous drainage scheme to exist on the hill slope.

“It is not open for the MPAJ to argue that the AMFB's failure to maintain the drains on the hill slope was the sole cause of the disaster when the MDG had negligently permitted an inadequate drainage scheme to exist and was the operative cause that made it fatal,” he said.

Rajendra also said that the judge also found it a fact that the MPAJ had failed to do anything to remove the dangerous diversion of the East Stream following the collapse of Block One.

“This fact, as much as the landslide that destroyed Block One, was a causal factor that prevented the first to the 73rd respondents (the residents) from reoccupying Blocks Two and Three,” he told the court.

The MPAJ is appealing against the Court of Appeal's decision on Dec 3, 2002, which reversed the High Court's findings that although the council was negligent, it was not liable in law as it was indemnified by Section 95(2) of the Street, Drainage and Building Act.

In finding the MPAJ liable for the pre-collapse of Block One, the appellate court said that the MPAJ created the “danger” which led to the collapse of the block.

The Court of Appeal, which apportioned the MPAJ's liability at 15%, also dismissed the appeals of four of the seven parties that were found liable for the collapse of Block One.

They are engineer Wong Yuen Kean, Arab-Malaysian Finance Bhd, Metrolux Sdn Bhd and MBf Property Services Sdn Bhd.

About two years earlier, High Court judge Justice James Foong ruled for the 73, who had filed a suit against 10 defendants and apportioned liability as follows: Arab-Malaysian 30%, Metrolux and MBf Property Services together 20%, Highland Properties 15%, MPAJ 15%, draughtsman Wong Ting San 10% and Yuen Kean 10%.

At the Federal Court, the first to the 73rd residents are also cross appealing the Court of Appeal's decision that the MPAJ was not liable for the events that occurred post-collapse of Block One.

Submissions before Chief Judge of Sabah and Sarawak Justice Steve Shim and Federal Court judges Justices Abdul Hamid Mohamad and Arifin Zakaria continue today.