Families of victims of a deadly December landslide in Malaysia and an environmental development expert are saying a 141-page government report on the incident lacks credibility and are calling for a new and more thorough investigation.
Thirty-one people were killed when the landslide swept over their tents at a campsite on Father’s Organic Farm in Batang Kali, a rural community that often draws tourists from the country’s capital, Kuala Lumpur.
Families of the victims were pushing for months for the government to release its findings. The multiagency investigation concluded the landslide was triggered by slope failure after unusually high rainfall over a period of weeks.
But the government’s report which was made public on Wednesday did not answer long-standing questions about why a farm and campsite were able to operate in what experts call a risky location. The report also did not address an environmental impact assessment approved by the Department of Environment in 2013 that said the area where the farm and campsite were located was not to be developed.
“I would definitely say it’s a whitewash,” said Tan Ei Ein, whose 7-year-old son Zech was killed in the landslide. “Look at this report, it is very shallow.”
Critics say the report’s scope was not broad enough.
“I was shocked to find that it doesn’t tackle the root of the tragedy, why so many people died. It didn’t ask the question why there was a campsite in that location,” said Teckwyn Lim, a geographer and honorary associate professor at the University of Nottingham Malaysia.
“That’s mainly due to the fact that the terms of reference of the report, the objective of the report was really narrow, saying why did the landslide happen rather than why did this tragedy occur,” he said.
Several days after the landslide, Ng Sze Han, a member of the Selangor State Executive Council, said Father’s Organic Farm had a permit to operate as an organic farm, but noted that at the time, the state did not grant licenses specifically for camp sites. In the months that followed, new registration requirements were instituted.
However, the government’s report does not make clear which, if any, government body actually gave final authorization for development on that site. The report does say that in 2019 a state-level body approved development on condition of approval from the Hulu Selangor District Council. The report does not say whether that condition was met.
VOA left messages seeking comment from Hulu Selangor Municipal Council president Mohd Hasry Nor Mohd but did not receive a response.
“The report never mentions who gives authority to the farm to build,” said Vincent Khor Wei Fong, whose wife, Chin Su King, and 5-year-old son, Daniel, were both killed in the landslide.
His point is echoed by Ng Yu Chuan, whose 11-year-old daughter, Yee Tong was also killed.
“The key questions, it doesn’t answer,” Ng said.
VOA sent a list of questions to the Local Government Development Ministry but has not received a response. VOA also left messages for the operators of Father’s Organic Farm as well as the property owner but has not received responses.
VOA reported earlier this month that the property is owned by Malaysia Botanical Gardens Resort.
Records kept by the Companies Commission of Malaysia list Kong Yew Foong and his father Kong Hon Kong as company directors. Forbes recently listed Kong Hon Kong’s net worth at $860 million.
The government’s report is also facing criticism for its conclusion that there was not strong evidence that human activity contributed to the landslide.
“It’s self-serving by the Public Works Department more or less protecting themselves and their colleagues, absolving them of any guilt,” Lim said. “They claim that they did regular maintenance but that’s part of the issue. The maintenance was regular, every two months, they didn’t increase the maintenance when there was extra rainfall. It’s clear by the fact that there was a landslide that they were not doing enough monitoring and maintenance.”
The Public Works Department is part of the Ministry of Works, which VOA asked for a response to Lim’s accusations but has not received a response.
Lim and the victims’ families that VOA interviewed say a more thorough and more independent investigation is needed. They’re calling for a Royal Commission of Inquiry, which would typically include retired judges. The commissioners would have the power to summon anyone in Malaysia to answer questions and provide evidence.
“The government’s report is so flawed, a proper independent inquiry is necessary,” Lim said. “A Royal Commission of Inquiry that’s independent of any particular agency is needed.”
Tan, whose son Zech was killed agreed.
“We definitely hope the government will be able to reinvestigate this thoroughly hopefully with an RCI, Royal Commission of Inquiry so that our 31 deceased, 31 lives here we are talking about they deserve closure.”
