Yes, the developers are going ahead even before the Fishermen's Appeal is heard!
GEORGE TOWN: The Penang government should stop the Silicon Island project until the appeal by the fishermen against the project is heard, said Penang Parti Rakyat Malaysia (PRM) vice-chairman Ravinder Singh.
He said the Penang government was aware that the fishermen of Teluk Kumbar had submitted an appeal to the Department of Environment DoE Appeals Board to review the April 11 approval of the project's Environmental Impact Assessment (EIA) report
However, the DoE had approved the project's Environmental Management Plan (EMP) on July 21.
Ravinder said if Rule of Law was followed, no work on the project should be started until the appeal had been heard.
"Therefore, starting work before final disposal of the appeal after due process of law is contemptuous of the legal process of appeal. It is hitting the fishermen under the belt.
"It is most unbecoming of a government that is supposed to look after the interests of the rakyat [the people] and not of those with vested interests.
"A government that professes to be CAT (Competent, Accountable and Transparent) is not seen to be accountable in pushing to start work even before the appeal is heard. This is a form of interference with the appeal process.
"The Penang government, by starting reclamation work, is akin to twisting the arms of the Appeals Board, leaving it no choice but to throw the appeal out as it will have been rendered an 'academic matter'," he said today.
Ravinder said, even if the Appeals Board ruled in favour of the fishermen, it would be a meaningless judgment as reclamation work had started and the work done could not be undone, unlike demolishing an illegally built house.
"Thus, it is very, very high-handed and wrong of a government that brags about Accountability in its CAT slogan to try and force the hand of the Appeals Board to dismiss the appeal on the grounds it has been rendered 'academic' in view of the work that has been done.
"Being the government does not give the few persons who form the government the right to take the law into their own hands.
"An accountable government must respect legal processes and not take the attitude 'we are going to do it, what can you do to stop us?'
"Must the people have to take the government to court to get justice like in the case of the Sungai Ara Hill luxury housing project? It is very arrogant to think and act that way," he added.
Ravinder said he wrote to Balik Pulau member of parliament Datuk Muhammad Bakhtiar Wan Chik, Bayan Baru MP Sim Tze Tzin and Batu Maung assemblyman Datuk Dr Mohamad Abdul Hamid, asking if approval of the EMP meant that the appeal had been set aside and work could progress.
He said only Bakhtiar replied with: "Duly noted. We are going through the 10 conditions imposed by DoE, then we will react."
Ravinder said Bakhtiar did not respond to a further enquiry about the 10 conditions.
"We call on the Penang government to respect its own CAT, and show accountability by refraining from doing any work while the fishermen's appeal is pending.
"Do not try to derail the appeal by starting work. The appeal is a legal process under the law and the norm is that no further action should be taken on the subject matter under appeal until final disposal of the appeal."
Chief Minister Chow Kon Yeow announced that preparatory works for the Silicon Island project would begin on Sept 1 following the approval to the EMP for the project.