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Court orders London to provide further evidence in Batang Kali massacre case PDF Print E-mail
Tuesday, 22 May 2012 10:26am
©The Star (Used by permission)

KUALA LUMPUR: The London High Court has asked the British government to supply additional information to support its claim that responsibility for the 1948 Batang Kali massacre lies with the state of Selangor.

The British government was ordered to submit further evidence by yesterday.

“The court was unconvinced by the British government’s reasoning that the massacre was carried out under the jurisdiction of the Selangor government, by virtue of Selangor being a protected state in 1948,” said Action Committee Condemning the Batang Kali Massacre coordinator Quek Ngee Meng.

During the judicial review trial in London on May 8 and 9, the British government argued that it was an agent to the Selangor Sultan to administer policies, and if its army had done anything wrong, the liability lay with the Sultan and even Malaya because of the Federation of Malaya agreement, he said.

Quek, who is also the Malaysian solicitor representing the victims and their next-of-kin, said the committee now has until Friday to reply to the British government’s submission.

“The High Court was dissatisfied with the British government’s attempt to distinguish between a protected state and a colonised state.

“The government had earlier submitted just one book to establish the difference, and even so, the president of the Queen’s Bench Division Sir John Thomas said one can’t run an empire without knowing who controls the troops.”

He added that after a reply is sent to the British government’s submission, the judgement could take six to eight weeks.

The Batang Kali massacre took place in a rubber estate where 24 unarmed villagers were shot dead by British soldiers. Quek said Britain had on two previous occasions refused to conduct a proper investigation into the brutal killings.

The four claimants are Chong Nyok Keyu, Loh Ah Choi, Lim Kok and Wooi Kum Thai, while the lawyers assisting them are Michael Fordham QC, Danny Friedman, Prof Zachary Douglas and John Halford.
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