RM37 million award (Updated)

IPOH: The High Court today awarded a group of orang asli from Johor RM37 million after ruling in their favour in a suit against their former lawyers.
It was the culmination of a 13-year fight by the 78 plaintiffs from Kampung Sayong Pinang, Kota Tinggi, against former lawyer S. Kanawagi, his law firm Khana and Co, and two trustees of Linggui Valley Orang Asli Trust "Tok Batin" (headmen) Adong bin Kuwau and Daud bin Kadir (since deceased) for misappropriating funds belonging to the community and the trust.
Judge Datuk Samsudin Hassan also awarded RM5 million for aggravated and exemplary damages in addition to RM1 million for costs to be paid by the defendants to the court-appointed receiver and manager.
The judge found all the defendants, as well as Kanawagi's son K. Dinesh, equally liable.
"The defendants were dishonest, delayed the matter and refused to cooperate in providing documents and information related to compensation for the beneficiaries and their lawyers," the judge ruled.
Detailed investigations found the defendants had used part of the trust money to buy 27 apartments under Kanawagi's name in Kuala Lumpur.
The rental from the apartments was used to purchase another 30 apartments under Dinesh's name.
Samsudin ordered the 57 units of housing to be handed back to the Linggui Valley Orang Asli Trust.
The case was originally heard by Samsudin in Johor Baru but the judgment was delivered in Ipoh as he had been transferred there.
The plaintiffs were represented by G. Ragumaren, while Shopna Rani Malakjr appeared for the defendants.
Earlier in June 2000, Samsudin had ordered the Johor government to pay RM38,554,111.92 (including interest) to 52 orang asli as compensation for their lands in Kampung Sayong Pinang, Kampung Semangar and Kampung Pasir Intan in Kota Tinggi, Johor, which were acquired by the state government for the construction of the Linggui Dam.
He had then ordered that RM22 million of the award money be held in a trust, with the remaining be held by Khana and Co, to be paid to the orang asli after the deduction of legal fees, costs and expenses incurred.
However, the community was not aware of the details of the judgment initially, and lodged a complaint with the Bar Council when they learnt about it.
A representative of the community, Saling Lau Been Chiang then engaged Ragumaren to file an application in 2006 against the trustees for the audited accounts and the details pertaining to the compensation paid out in 2000 by the Johor government.
Based on the financial statements it was evident that money was not properly accounted for and the community filed the suit.
"We are happy with the decision and this is a lesson for us to be cautious when engaging lawyers," said Saling, when met outside the court.