Man files suit to stop closure of rail crossings

An occasional railway commuter today filed a civil suit in the High Court in Kota Kinabalu seeking an order to prevent the relevant authorities from  closing the crossings along the railway track from Tanjung Aru to Tenom in the interior side of Sabah.

Robert Mojolou, 58, made an ex-parte application for leave for judicial review against the state infrastructure development minister and the general manager of Sabah State Railways, the first respondent and second respondent respectively, through the law firm of Messrs Marcel Jude Joseph.

He is seeking an order of prohibition against the first and second respondents to prevent them from closing down crossings of the Sabah State Railway.

Mojolou also applied for an order of mandamus to direct the first and second respondents to exercise the relevant powers under Section 20 and 21 of the Railway Ordinance to provide adequate gating and fencing facilities.

Speaking to reporters later, Mojolou said that he was filing the case because of concern for his own safety and in the interest of the public.

“After the train accident on Monday, I was shocked and surprised to see that the state infrastructure development minister wants to close all illegal crossings.

“Firstly the statement is puzzling. Anybody can cross any part of the railway and the fine is only RM10 under Section 18 of the Railway Ordinance. So, there is no problem of illegal crossing unless you make a fence from Kota Kinabalu to Tenom which is not practical,” he said.

At least 12 of 116 passengers travelling in a three-coach commuter train were injured when it collided with a petrol tanker near the petrol station at Km18, Petagas, near here at 5.40pm on Monday.

– Bernama