KUCHING (Oct 16): The Magistrates’ Court here today refused an application for Warrant of Arrest to be issued against the Directors of Sentoria Borneo Land Sdn. Bhd. after they were absent from the hearing despite the Court have issued summons to attend court hearing.

Magistrate Mason Jaro Lenya Bin Barayan having heard from Gan Kim Leong, 61 and Chan Kong San, 62 appointed counsel, Teng Lee Kai that his clients are based in Seri Kembangan, Selangor Darul Ehsan and are unable to attend court hearing in Kuching, Sarawak at such short notice.

Deputy Public Prosecutor Ronald Felix Hardin from the State Attorney-General’s Chambers informed the judge that the summons have all been personally served to both the Sentoria Borneo Land Sdn. Bhd. addresses in Kuching and Seri Kembangan by the officers from the Tribunal For Housing Purchaser Claims Sarawak, hence in compliance with Sections 35 - 37 of the Criminal Procedure Code (Act 593).

According to the developers’ lawyer, Teng Lee Kai informed the Court that the case originated from a Housing Tribunal’s Award delivered in 2020 whereby one of the housing purchasers of Borneo Samariang Resort City residential projects were awarded compensation award amounting to RM13,443.48 to be paid by the developer for the late completion of property single-storey terrace house.  

He has assured the Court that he takes full responsibility for the directors’ absence, and he shall ensure the attendance of his clients on the next Mention date fixed on 16th November 2023. The proceeding were also attended by several officials from the Tribunal For Housing Purchaser Claims Sarawak
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Sections 53 of the Housing Development (Control and Licensing) Ordinance 2013 (Chapter 69) states that it is an offence for whoever fails to comply with an award made by the Tribunal and shall, on conviction, be liable to a fine of not exceeding RM5,000 or to imprisonment for a term of not exceeding two years or to both. In the case of a continuing offence, the offender shall be liable to a fine of not exceeding RM1,000 for each day or part of a day during which the offence continues after conviction.

Sections 58 of the said Ordinance, a housing developer who abandons or causes to be abandoned a housing development or any phase of housing development shall commit an offence and shall, on conviction, be liable to a fine of not less than RM250,000 but not exceeding RM500,000 or to imprisonment for a term of not exceeding 3 years or both.