KUALA LUMPUR: The High Court has allowed a suit brought by 100 Cameron Highlands farmers against Tenaga Nasional Bhd (TNB) for negligence leading to the mud flood disaster in the Bertam Valley five years ago.
In reaching the decision, judge Datuk Nordin Hassan said he had found negligence on the part of TNB, which owned and operated the Sultan Abu Bakar dam (SABD).
The dam’s spillway gates were opened thrice in the early hours of Oct 23, 2013, causing the flash flood.
“It is an undisputed fact that there was no water in-flow measurement instrument at SABD. It was only installed after the said incident,” Nordin said.
“The instrument allows the operator to measure water in-flow and decide how much to release.
“It is my finding that the release of water during the 2013 incident was not a correct decision in the absence of the water in-flow measurement instrument.”
He said the defendant had only installed the instrument after the disaster had occurred and claimed the lives of four people.
“I do not see any reason for the defendant not having such an important instrument since the dam began its operations in 1963, and only realised it had to have one after the incident,” he said.
“I find that failing to have one is an act of negligence on the part of the defendant, more so as the omission (of the water) put the lives and property of Bertam Valley residents at risk.”
He said the danger involved in releasing the water, which caused the flood, had been acknowledged by the defendant since 2011.
“The defendant shifted the blame on, among other things, deforestation, intensive agriculture and disposal of garbage as the causes of the said problem.
“In this regard, it is undeniable that those activities contributed to the problem of sedimentation and the release of rubbish in the reservoir.
“However, it is the defendant’s responsibility to put in place measures to maintain the water level at the dam, particularly during the monsoon season.”
He said the defendant should ensure that large-scale dredging was carried out regardless of cost as the lives and property of neighbouring residents were of utmost importance.
The court ordered the quantum of damages to be assessed by the court deputy registrar and fixed May 30 for case management.
On Oct 22, 2013, rain fell continuously in the Bertam Valley, Ringlet and surrounding areas, causing a huge volume of water to be collected in the Ringlet reservoir and SABD.
On the following day, TNB released a substantial amount of water into the Bertam River at 12.20am without warning.
A second torrent of water was released about an hour later, flooding the area.
As residents were struggling to cope with the rising water level, the defendant released a third torrent of water into the river 2.45am.
It resulted in the loss of four lives and large scale property destruction.