Mazu statue: 'Divine instructions from goddess'
Joe Fernandez | Jan 14, 09 2:24pm
Former Sabah chief minister Chong Kah Kiat said he had “received divine instructions from Mazu” the Goddess of the Sea to put up a statue in her honour in Kudat.

He was testifying in the Sandakan High Court yesterday before Judicial Commissioner Yew Jen Kie, as the first witness in his suit against current Chief Minister Musa Aman and three others for alleged abuse of power in halting the project.

Former state secretary KY Mustafa, Local Government and Housing Ministry permanent secretary Ujang Sulani and the Kudat Town Board are the other defendants.

During examination-in-chief by his counsel Ansari Abdullah, Chong (left) said the ‘divine instructions’ were delivered “through Taoists, specifically mentioning my name, that I should take the lead to put up a statue for the good and prosperity of the people in Kudat”.

However, he did not personally initiate construction. Instead the Kudat Thean Hou Charitable Foundation - which he chairs - was formed in early 2005 for the main purpose of building the statue.

Its decision on the size of the statue - 88 feet high and facing west on a 20-foot platform - “was also through divine instruction by way of a written message”.

On Oct 25, 2005, Kudat Town Board executive officer Ariff Abdullah approved TPM Konsultant’s plans for the statute and a letter of approval was issued on Feb 8, 2006.

A letter dated May 24, 2006 from the Local Government and Housing Ministry then ordered work to be stopped, indicating this would be a temporary measure “pending further directives” from Musa (right). Chong initiated legal action on Feb 6 last year.

At that point, according to documents filed in court, work on the platform had been completed and the 408 granite stones bought from China for RM1.5 million were in 21 containers in Kota Kinabalu, awaiting transportation to Kudat.

More than RM365,000 was paid in freight charges and customs duties for the stones while RM1 million had been spent on the concrete platform. Also,13 craftsmen from China were about to come to Sabah after their visas and work permits were approved on May 23, 2006..

Chong is seeking declarations that:

- Musa had acted mala fide and/or in abuse of his power as the chief minister and/or ultra vires the Local Government Ordinance and the Town and Country Planning Ordinance;

- a fatwa by the state mufti on July 7, 2006 against construction of the statute is unconstitutional as it infringes upon Article 11 of the constitution;

- the letter of approval by the fourth defendant, the Kudat Town Board is valid; and

- the town board’s withdrawal of the letter of approval by another letter dated Nov 15, 2007 is null and void.

‘Claims not true’

Chong said he did not immediately seek to remedy the matter in court but instead tried to reason with Musa.

Although told that “Sabah Umno has objected to the statue project”, Chong said he subsequently found this to be untrue, as was the claim that the state cabinet had discussed the project.

“I told him (Musa) that this was a private project, on private land, funded by private donation and properly approved by the local authorities,” Chong elaborated.

“I said that, as chief minister and Sabah Umno head, he should have told whoever in Umno had objected to the statue project that they had no right to interfere in a private project.”

Chong said his relationship with Musa had begun to sour at the beginning of 2005 because he started to meet him (Musa) to query several contracts and projects under his (Chong’s) purview as state minister of tourism, culture and environment.

Clarifying elements of the Mazu statute which may have caused contention, Chong said the distance between the project site and the Asy-Syakirin mosque was 700 feet.

The statue would not have faced the mosque, but would have been parallel to the kiblat – the direction of Mecca – and thus would not have been a source of obstruction.

Asked by Ansari whether public order and security had been threatened at any time because of the project, Chong replied “Never”.

“We pride ourselves as a multiracial, multi-cultural and multi-religious country. For example, the oldest mosque in Kudat (Kampung Air Mosque) is located next to the Kudat Chinese temple, less than 100 metres away. We have never had any problems for the last 50 years.”

Chong dismissed the defendants’ statement of claim that the project could not proceed because it breached the land-use conditions stipulated in the title.

He said the title had been changed from industrial to tourism use and that the district surveyor had given permission to the Foundation in a letter dated Jan 24, 2005 to proceed with the project.

In addition, all stipulated payments to the state government had been made on Feb 9, 2006 and the developer had taken an all-risk insurance policy, as required, before commencing work.

“No other conditions were imposed,” he said.

The statement of defence, which was also dismissed by Chong, alleges that work had commenced prior to fulfilling the conditions stated in the letter of approval dated Feb 8, 2006.

The defendants are represented by state attorney-general Roderic Fernandez, who is assisted by Mohd Hanafiah Abd Kassim. Hearing continues.