Loopholes in probe led to company being freed of pollution charges, says judge

 

Judge holds that no prima facie case was made out against the company on all three charges.

SEPANG: The Sessions Court here acquitted without calling for its defence a plastic recycling company for allegedly polluting the environment after the prosecution failed to present credible evidence.

Judge Noorhisham Mohd Jaafar said the prosecution’s case collapsed after close scrutiny and evaluation.

“I find that no prima facie case had been made out against the company on all three charges. As such, the company is acquitted and discharged without calling for a defence,” he said in his 64-page judgment made available today.

Noorhisham had made an oral ruling in March in acquitting YMF Industries Sdn Bhd and the prosecution had filed an appeal.

The case, in essence, revolves around charges for environmental offences under the Environmental Quality Act 1974 and the Environmental Quality (Clean Air) Regulations 2014.

The company was charged with carrying out recycling without approval from the director-general of environmental quality.

It was also charged with carrying out work that may result in a source of emission without giving prior written notification to the director-general.

The third charge was for failure to equip the premises with an air pollution control system in accordance with the specifications, as determined by the director-general.

Company director Ang Yew Seng had pleaded not guilty to all the charges allegedly committed at the plant, which is located at Jalan Banting in the Kuala Langat district, Selangor, on July 24, 2018.

Noorhisham said upon in-depth consideration of the rival contentions, he found there was no evidence that the company had carried out the prescribed activity on the premises, neither did the prosecution show that the company had failed to equip the premises with an air pollution control system.

“The charges were merely bald statements, far from adequate and underwhelming for a realistic prosecution.

“In the full spectrum of evidence, I am driven to conclude that the prosecution against the company has no credible evidential backing. It was at best shrouded with speculation and at worst drowned in uncertainty,” he added.

Noorhisham said there were loopholes in the investigations, which were insufficient to implicate the company in the offences.

Lawyers Gabriel Susayan and K Shalvin represented the company, while Zulaikha Mokhtar from the Selangor Environment Department conducted the prosecution. - FMT