PUTRAJAYA (Oct 12): Tenaga Nasional Bhd (TNB) has failed in its final bid to appeal a court decision that found the company liable for causing flash floods in Bertam Valley in the Cameron Highlands six years ago.
The utility giant is therefore required to pay damages to the 100 residents who had filed a negligence suit over the loss of four lives and the destruction of property due to the floods.
This Federal Court today refused to grant leave to TNB to appeal the Court of Appeal’s decision to uphold a High Court decision that found the company negligent in releasing water from the Sultan Abu Bakar Hydroelectric Dam.
The unanimous decision was made by Federal Court judges Datuk Mohd Zawawi Mohd Salleh, Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli.
“The court held that there were no appealable grounds and that the facts of the case were proven to be in favour of the (residents),” said Justice Zawawi.
The apex court also ordered TNB to pay RM20,000 costs to the residents for the failed appeal.
At the Federal Court, it is not automatic that a civil appeal be heard as leave (permission) had to be gained for the full merits to be heard based on questions of law. The apex court is the final level to appeal a decision.
The Bertam Valley residents were represented by lawyer M Manogaran and MR Kumar. Manogaran had contested as the Pakatan Harapan candidate in the Cameron Highlands parliamentary seat by-election earlier this year, but was unsuccessful.
TNB was represented in court today by counsel Datuk Dr Cyrus Das and David Matthews.
The residents now have to go back to the High Court for the assessment of damages.
On May 25 last year, the High Court found TNB to be negligent in releasing water from the dam three times on the night of Oct 23, 2013, resulting in the disaster.
Trial judge Datuk Nordin Hassan noted that TNB had only installed a water inflow measurement instrument at the dam after the incident, despite the dam having been built in 1963.
"Failing to have the instrument is an act of negligence, as it (TNB) is entrusted with the lives and property of the people downstream.
"The defendant failed to maintain the appropriate water level at the dam, particularly in the monsoon season,” he had ruled, adding that the result of the instrument's absence, the release of water from the dam could not be properly gauged that fateful night.
The decision was upheld on Dec 11 last year by a three-member bench of the Court of Appeal, led by Justice Datuk (now Tan Sri) Tengku Maimun Tuan Mat. Tengku Maimun was made the chief justice earlier this year, after Tan Sri Richard Malanjum retired.