Ex-residents saddened

18/02/2006 The Star

PETALING JAYA: More than 12 years have passed since the collapse of Block One of the Highland Towers and the court processes are as good as over.

But the pain of losing their loved ones and their home is still there among the former residents. And yesterday's decision by the Federal Court that the Ampang Jaya Municipal Council (MPAJ) was not liable for losses in the tragedy added to their hurt.

They had hoped for the final piece of their pursuit of justice to be in their favour – a sort of peaceful “burial” to the years of pain and hurt.

“Unfortunately, the Federal Court judgment was not for us. We are saddened by the decision, but this is the end of the line. We will have to accept the decision,” said Dr Benjamin George, chairman of the Highland Towers owners and residents committee.

He had been helming the committee for the same number of years the collapse of Block One had buried the lives of 48 people.

Besides him, only one other former resident – Phang Ah Hing, who lost his mother, wife and younger son in the tragedy – turned up for the decision.

“I felt I was duty-bound to come, a responsibility to see things right to the end, having headed the committee for so long,” said Dr George.

“It is not surprising only two of us turned up. Interest waned through the years. The number of committee members turning up for meetings also dwindled,” he added.

He had been confident when he first went to court. After all, the two lower courts had ruled in their favour despite the dreaded indemnity clause favouring local councils.

“When the first decision was read out, I was even more hopeful. Victory seemed near,” said Dr George.

“Then decision two came. It shocked me and the dreaded feeling of disappointment set in. When decision three finished, I was devastated.”

After this, a separate suit filed by 60 residents of Block One against the 10 defendants would not be pursued, he said.

The suit, filed five days after the suit of the 73 residents of Blocks Two and Three on Dec 5, 1996, had yet to be heard by the High Court.

“I have discussed with everybody concerned in that suit (by the 60 residents) and we have decided not to take the matter further,” Dr George said, adding that the 60 residents were among 139 people who had accepted an out-of-court settlement in 2004 from AmFinance Bhd (now known as AmBank Group).

He realised that as much as hearts were hurt and lives devastated, the affected families needed to move on with their lives.

“We have not forgotten, but we cannot let pain stop us from living,” said Dr George, adding that all the former residents had got on with their lives and were financially sound.

Asked if any former resident had called him about the result, he said only a few called to enquire. The others might have not known about the judgment at that time.

Also, Dr George reckoned many former residents might have already lost interest in the judgment as it only formed 15% of the total legal compensation sought from various parties.

A major party, Arab-Malaysian, had fully compensated the 73 residents of Block Two and Three, as well as all the residents in Block One.

In exchange, the residents signed over ownership of property to the financial institution.

“What they paid covered the legal cost and our losses,” said Dr George.