SELAYANG (Jan 17): The Selayang Sessions Court on Friday acquitted four company directors and a factory manager of discharging hazardous waste from their workshop, Yip Chee Seng & Sons Sdn Bhd, into Sungai Gong, Selangor, that then flowed into water treatment plants and resulted in a major disruption in water supply in 2020.

Sessions Court judge Nor Rajiah Mat Zin acquitted directors Yip Kok Wai, 57, Yip Kok Kun, 62, Yip Kok Kun, 54, and Yip Kok Weng, 64, and factory manager Ho Voon Leong, 63, after finding that there is no prima facie case against them.

Nor Rajaih said the five have submitted an alibi to prove that they were not at the premises on the day of the incident, and this was not challenged by the prosecution.

Furthermore, the judge said that the prosecution had failed to call the Chemistry Department and Department of Environment officers over the samples taken, and that the samples taken from the premises were found not to be hazardous as alleged.

Nor Rajaih further contended that the prosecution had further failed to prove and compare the sample taken from the water treatment plant that was polluted, with the sample taken from the company premises.

“Following those reasons, the court found that the prosecution has failed to prove a prima facie case, and orders them to be acquitted without their defence called,” she said.

A total of 22 prosecution witnesses had testified in the case and the hearing had taken 44 days, Nor Rajiah added.

She ordered the RM400,000 bail money put to the court be returned.

The five were represented by Datuk M Reza Hassan and Abdul Rashid Ismail.

They were alleged to have committed the offence of mischief knowing the discharge into Sungai Gong would cause cutbacks of water supply for human consumption and discharging hazardous items at Lot 4219, Jalan Batu Arang, Kg Sungai Dua, Rawang, in Gombak, Selangor, between Sept 2 and 3, 2020.

The offence of mischief under Section 430 of the Penal Code carries a maximum of three years in jail or a fine, or both, while the charge of discharging hazardous material under the Environment Quality Act carries a fine of not more than RM100,000 or five years in jail, or both.

When met after the proceedings, Ho said the decision comes as an early Chinese New Year present for the five.

Denying they were responsible for the pollution as found by the court in the samples taken, Ho said it was a rather unfortunate experience they had faced.

“All of us were remanded for 10 days as the court initially refused to grant bail, and our lawyers had to go to the High Court to seek bail,” he added.

Ho said they were initially remanded and placed at the Sungai Buloh Prison, and as the Sungai Buloh Prison was undergoing renovation, they were transferred to the Bentong Prison.

While on remand at the Shah Alam police station, however, all of them caught dengue, and two were hospitalised.

He described that the workshop cum factory had complied with all the environment quality requirements set by the Department of Environment, and yet they were still charged.

Ho maintained that the Selangor government could have been under pressure to find the culprit, but he reiterated they were not involved.

He thanked the lawyers for fighting the case and was glad that this was finally over after more than 40 days.

In May 2023, another Selayang Sessions Court had freed Chai Kin Sang, 66, and his son Chai Wern Teik, who are directors of a heavy machinery company, for violating Section 430 of the Penal Code and Section 25(1) of the Environmental Quality Act 1974, with committing mischief and also releasing effluents containing dangerous material at FG Autoparts Sdn Bhd into Sungai Gong between Oct 17 and 19, 2020 at Lot 16273, Jalan Sungai Bakar-Batu Arang Gombak.

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