FGV Palm Industries cleared of conviction over effluent discharge

 The Court of Appeal doubted the integrity of the effluent samples collected by the environment department.

The Court of Appeal said concerns over sample handling and preservation undermined the reliability of the prosecution’s case against FGV Palm Industries Sdn Bhd.

PUTRAJAYA:

The Court of Appeal has acquitted FGV Palm Industries Sdn Bhd of a charge of exceeding prescribed effluent discharge limits under the Environmental Quality Act 1974.

A three-member bench comprising Justices Azman Abdullah, Noorin Badaruddin and Meor Hashimi Abdul Hamid allowed the company’s appeal, setting aside its conviction and ordering the refund of the RM18,000 fine it had paid.

The company was convicted under Section 16(1), read together with Section 16(2) of the Act, over an alleged breach involving the discharge of palm oil mill effluent at its Selancar 2A mill in Rompin, Pahang, on July 24, 2018.

The prosecution alleged that a sample collected from the premises recorded a biochemical oxygen demand (BOD3) level of 130mg/l, exceeding the prescribed limit of 100mg/l.

FGV Palm Industries was initially acquitted at the end of the prosecution’s case after the sessions court ruled that a prima facie case had not been established.

However, the prosecution successfully appealed to the High Court, which ordered the company to enter its defence.

At the conclusion of the defence case, the sessions court found the company guilty and imposed a fine of RM18,000.

The conviction was subsequently upheld by the High Court, which also dismissed the prosecution’s cross-appeal seeking a review of the sentence.

In allowing the company’s appeal, Azman said doubts had arisen over the integrity of the effluent samples collected by the environment department.

The concerns centred on how the samples were handled and preserved before being sent to the chemistry department for analysis, raising questions about the reliability of the test results.

The court also considered the company’s own laboratory analysis, which recorded a lower BOD3 reading.

However, the prosecution had not produced rebuttal evidence to challenge the company’s findings.

Following the ruling, the conviction was set aside and the RM18,000 fine paid by the company was ordered to be refunded.

Habizan Rahman Habeeb Rahman, Sarina Alwi and Hanif Asyraf Salleh appeared for FGV Palm Industries, while deputy public prosecutor Aznin Ariff appeared for the prosecution. - FMT