KUANTAN: The Sessions Court here fixed Nov 27 for case management of a lawsuit over the Feb 4 drowning of three children in a disused bauxite mine at Taman Sungai Karang Jaya here.
Lawyer Mohd Harris Abdullah, who is acting for the plaintiffs - parents of the deceased children - confirmed that the court had set the date for first case management of the legal action.
He said that defendant Ng Kok Yu, who was the owner of the land on which the mine was located, must enter his appearance at the lower court on that day.
"If he fails to enter appearance, we (plaintiffs) can make an application for Judgment in Default against him," he said today.
He said that in the event that the court allowed such judgment against Ng, assessment of damages by the court would be done on another date.
On whether a copy of the writ of summons had been served on Ng, who was from George Town, Penang, Harris said he had sent it via A.R. Registered mail to the defendant's address in Penang.
"However, I have not got a confirmation that he (Ng) received it," he said.
On Oct 27, Mohd Shariff Awang Ngah and Norhabibah Aidir, both 50, the parents of Nureen Ain Juwita, and Nor Azila Mudzafar Shah, 32, mother of siblings Salsabila Zulkhairi and Mahathir Mohamad, filed the legal action against Ng for negligence.
The plaintiffs are contending that the defendant had carried out mining or removed laterite soil illegally, failed to fence up the area to avoid people especially children from entering the site, failed to put up warning signs or refill the disused mining pool with earth, among others.
They claimed that Ng was the owner of the land, which could only be utilised to plant rubber trees, and had no permit to produce or remove laterite soil.
On Feb 4, siblings Salsabila, 12, and Mahathir, 7, and their friend Nureen, 10, drowned while trying to retrieve a pair of pants from the mining pit.