A group of 184 individuals affected by the deadly Nipah viral outbreak four years ago had filed a legal suit totalling more than RM130 million against the federal government and several state governments at the Kuala Lumpur High Court.
The plaintiffs — pig farmers, families of deceased Nipah victims and survivors — named the federal government, and the state governments of Negeri Sembilan, Perak and Selangor as defendants in their statement of claim.
They are seeking various damages, including special damages for the loss of pigs, damage to farm facilities, medical and funeral expenses, which amounted to more than RM130 million.
The plaintiffs are also seeking various declarations against the defendants in the suit which was filed in March, but served on the defendants over the past three days.
Among others, they claim the governments had breached their duties, committed negligence and fraud and unlawfully deprived the plaintiffs of their fundamental rights in their handling of the Nipah outbreak between Sept 1998 and May 1999.
Negligence
Claiming for negligence, the plaintiffs had among others, argued that the governments which are entrusted to ensure the well-being of its people, had among others, failed to take sufficient steps to determine the cause of the outbreak when it first occurred in Perak.
They claimed that the federal government and Perak state government "came to the conclusion that the outbreak in Tambun area was due to Japanese Encephalitis (JE) without any or sufficient cause".
The plaintiffs also claimed that the federal government had committed fraud when it had, among others, allegedly proclaimed in 1999 that the transmission rate of the Nipah virus was very low, and was not certain whether the Nipah virus was a pathogen.
The government had also allegedly stated that the outbreak was due to JE and not Nipah virus, but later said that the disease was due to both JE and Nipah virus.
They argued that the government knew that the statements were false but made them to induce Malaysians to believe that the authorities had taken all the necessary steps, and were acting in the interests of the people.
Mistake
The plaintiffs added that such statements were also made so people would believe that the government had not committed a mistake in declaring that the outbreak was due to JE, and not Nipah virus.
When contacted today, legal firm Ser and Co, which is representing the plaintiffs, confirmed that it had filed the suit at the Kuala Lumpur High Court on March 20.
According to the firm, the suit had also been served to all the defendants yesterday. The suit was served to the Attorney-General's Chambers, representing the federal government on Tuesday.
Meanwhile, Negeri Sembilan and Selangor state governments were served with the suit a day later, followed by the Perak government yesterday.
The Nipah virus outbreak which started in late Sept 1998 occurred in various areas from Perak to Negeri Sembilan.
The outbreak was reported to have killed more than 100 people and crippled the pig-farming industry in Bukit Pelanduk, Negeri Sembilan, which is believed to be the biggest in Southeast Asia.
