Company Manager, Four Board Members Freed On Charge Of Polluting Sungai Gong

KUALA LUMPUR, Jan 17  (Bernama) -- The Selayang Sessions Court here today acquitted and discharged four board members and a manager of a heavy machinery workshop charged with polluting Sungai Gong in Rawang by dumping hazardous materials into the river five years ago.

Judge Nor Rajiah Mat Zin ordered their release after finding that the prosecution failed to prove a prima facie case against siblings Yip Kok Wai, 58, Yip Kok Mun, 63, Yip Kok Kuin, 55, and Yip Kok Weng, 65, who are the board members, and the company manager, Ho Voon Leong, 64, at the end of the prosecution case.

"After hearing the testimony of the prosecution witnesses and making a maximum assessment, the court ruled that the prosecution failed to prove a prima facie case against the first to fifth accused on both charges against them.

"Therefore, all the accused are acquitted and discharged without calling for their defence,” said the judge and ordered their bail of RM400,000 each and passports to be returned.

In the judgement, Nor Rajiah said the prosecution also failed to prove that the hazardous substances released from the premises (Yip Chee Seng & Sons Sdn Bhd) had caused the water treatment plant to be contaminated.

She said the court found no samples were taken from the water treatment plant to establish a direct link between the closure of the four Sungai Selangor Water Treatment Plants (LRA) Phase 1, 2, 3 and Rantau Panjang with the premises of the accused.

"The lack of evidence is a significant deficiency in the prosecution's case because it weakens the chain of effects and consequences between the activities on the premises in question and the closure of the water plants in question.

“The waste containing hazardous substances from the premises of Yip Chee Seng & Sons is unknown definitely by the prosecution and the samples have been sent to the Chemistry Department. 

"The chemical officer has prepared three chemical reports on the rivers, but the prosecution failed to identify the components as the alleged dangerous substances. The prosecution also failed to call the witness who prepared the three chemical reports to testify about the existence of the said components said to be dangerous.

“Witnesses from the Department of Environment were also not called by the prosecution to testify about water quality," said the judge, adding that the water quality index test is important to determine the status of water quality to enable a decision as to whether, indeed, the water cannot be used for its original purpose.

 She said the prosecution also failed to prove beyond reasonable doubt that the five accused were at the premises when the crime was allegedly committed on Sept 2 and 3, 2020.

“The alibi notice (the presence of the five accused when the offence was allegedly committed) was submitted by the defence and it was not disputed by the prosecution at the trial dated Oct 11, 2024,” she said.

The judge said that based on the testimony of the 22nd prosecution witness (SP22), who is the investigating officer, the alibi notice was not submitted to him before he testified in court.

"As a result, SP22 did not conduct any investigation regarding the alibi notice submitted earlier before SP22 testified on Oct 11, 2024,” she said, adding that this was despite the prosecution having a reasonable time to investigate the alibi notice before it was presented in court.

 A total of 22 prosecution witnesses testified at the case trial which lasted for 44 days starting in 2022.

The five men were charged with committing mischief by causing waste material containing hazardous substances from the workshop of Yip Chee Seng & Sons Sdn Bhd to be disposed of in Sungai Gong, knowing that it would cause a decrease in the water supply for human drinking.

They were charged with committing the offence at a workshop in Kampung Sungai Dua, Rawang near here between Sept 2 and 3, 2020.

The charge, under Section 430 of the Penal Code and read together with Section 34 of the same law, provides a prison sentence of five to 30 years with a fine or both, if convicted.

The five men were also jointly charged with emitting environmentally hazardous substances from the workshop into a waterway, which then flowed into Sungai Gong, without a licence at the same place and time.

The charge was made under Section 25 (1) of the Environmental Quality Act 1974 which provides a maximum fine of RM100,000, or imprisonment for up to five years, or both if found guilty.

The prosecution was handled by deputy public prosecutor Anis Hakimah Ibrahim, while the five accused were represented by lawyers Datuk M Redza Hassan and Abdul Rashid Ismail.

Meanwhile, when met by reporters after the proceedings, Ho said today's decision was the most meaningful Chinese New Year gift for the five of them.

"We are very happy considering that we have been facing this trial for almost five years. Finally, we are acquitted and discharged,” he said.

-- BERNAMA