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Wednesday, December 19, 2012

Beta Tegap can challenge 'dismantle cameras' order



Automated Enforcement System (AES) concessionaire Beta Tegap Sdn Bhd  has obtained leave for a judicial review of a Sepang Municipal Council (MPS) directive to dismantle two speed cameras.

NONEBeta Tegap lawyer Fiona Bodipalar (left in photo) said the Appellate and Special Powers Division of the Kuala Lumpur High Court has granted leave for the judicial review to be heard on Feb 14.

In a letter dated Dec 6, the MPS had ordered the company to dismantle two speed cameras on the North-South Highway and the South Klang Valley Expressway within 14 days. 

Based on legal advice, however, the directive was later amendedto ‘cover’ the equipment within 24 hours.

Fiona said Justice Zaleha Yusof had in chambers also granted an order that MPS "will not take action to dismantle or cover" the cameras until the matter is disposed of.

"MPS has consented to the order," she said today.

In its application, Beta Tegap further sought a declaration that the MPS has no jurisdiction over the two highways.

NONEThe company’s other lawyer, Alex de Silva, said the orders today have nothing to do with the issuance of summons via the use of the two cameras. He said that it only pertains to the structures.

K Kandiah and N Indrani represented the MPS.

Ronnie Liu (right), the Selangor exco in charge of local councils, reiterated that the law clearly states that the building of any structure requires prior approval from the relevant local council.

"Allowing any structure to be built without an application and approval is as good as encouraging lawlessness,” he told reporters outside the court. 

"Under the law, one can't even put up a billboard or banner without local council approval.”
A Beta Tegap spokesperson had told Sin Chew Daily yesterday that the company has yet to received any notice from the Road Transport Department (RTD) on the suspension of prosecution of summonses issued under the AES.

The company refused further comment, adding that any issues related to policy should be directed to the RTD because the company is only a contractor without policy-making power.

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