The Shah Alam High Court has upheld the acquittal of four company directors and the manager of a heavy machinery workshop who had been charged with polluting Sungai Gong in Rawang, Selangor, by dumping hazardous materials into the river five years ago.
In January, sessions court judge Nor Rajiah Mat Zin cleared the directors of Yip Chee Seng & Sons Sdn Bhd – brothers Yip Kok Wai, 58, Yip Kok Mun, 63, Yip Kok Kuin, 55, and Yip Kok Weng, 65 – and company manager Ho Voon Leong, 64, of the charges.
Justice Hazlina Hussain today said she agreed with the findings of the Selayang sessions court, which had ruled that the prosecution had failed to establish a prima facie case, reported Sinar Harian.
“The prosecution failed to call officers from the chemistry department and environment department to provide evidence,” said Hazlina when delivering her judgment.
“The evidence was only presented through an investigating officer who had no expertise in preparing case reports.”
She said the prosecution also did not challenge the alibis of all the accused at the time of the alleged offences.
The investigating officer did not further investigate these alibis, which weakened the prosecution’s case, she said.
Hazlina also noted discrepancies between samples taken from the contaminated water treatment plant and those taken from the company’s premises.
All five men were represented by lawyers M Reza Hassan and Abdul Rashid Ismail, while the prosecution, acting as appellant, was represented by deputy public prosecutor Izalina Abdullah.
The five men had earlier been charged in the sessions court with committing mischief by causing waste material containing hazardous substances from the workshop of Yip Chee Seng & Sons to be disposed of in the Sungai Gong, knowing that it would cause a decrease in the water supply for human consumption.
The crime was allegedly committed between Sept 2 and 3, 2020.
The charge, under Section 430 of the Penal Code, read with Section 34 of the same law, provides for a prison sentence of five to 30 years or a fine, or both, if convicted.
They were also jointly charged with discharging, without a licence, environmentally hazardous substances from the workshop into a waterway, which then flowed into Sungai Gong, at the same place and time.
This charge, under Section 25(1) of the Environmental Quality Act 1974, is punishable with a maximum fine of RM100,000, up to five years in prison, or both if found guilty.
