The Star Malaysia

Five charged over pollution granted RM400k bail each

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SHAH ALAM: Five men, including four brothers charged with polluting Sungai Gong in Rawang have been released on bail by the Shah Alam High Court.

Yip Kok Wai, 53; Yip Kok Mun, 58; Yip Kok Kuin, 50 and Yip Kok Wong, 60 – directors of a machinery repair company – and workshop manager Ho Voon Leong, 59, were released yesterday on a RM400,000 bail each, with one surety, by Judicial Commission­er Norsharida­h Awang.

The five had been charged with dumping hazardous materials into Sungai Gong, which had resulted in sudden water cuts in Selangor for several days as the water was too contaminat­ed for treatment plants to process.

The five appeared before Norsharida­h after she allowed their review applicatio­n against an earlier decision by the Sessions Court to deny them bail.

Norsharida­h also ordered the men to surrender their passports to the court.

Although they were allowed bail, Norsharida­h held in her judgment that she had taken into account the gravity of the alleged offence, as well as the danger if the crime was repeated.

She also said she had taken into account the health conditions of the accused persons.

“This is a serious case which caught the public eye, so the court allows all the accused to be released on bail of RM400,000 each with one surety, besides the additional condition for them to surrender their passports to the court, and if any offence is committed during this duration, the court will rescind the bail,’’ said Norsharida­h.

On Sept 17, all five men had filed the review applicatio­n against the Selayang Sessions Court’s decision to deny them bail.

They were earlier slapped with two charges at the Selayang Sessions Court on Sept 15.

The men were first charged under Section 430 of the Penal Code with causing mischief by injury to irrigation works near the Yip Chee Seng & Sons Sdn Bhd workshop at Lot 4219, Jalan Batu Arang, Kg Sungai Dua, Rawang between Sept 2 and 3 that led to serious water pollution in Sungai Gong.

They were also charged under Section 25 (1) of the Environmen­tal Quality Act 1974

This is a serious case which caught the public eye, so the court allows all the accused to be released on bail... besides the additional condition for them to surrender their passports to the court and if any offence is committed during this duration, the court will rescind the bail.

Norsharida­h Awang

with dischargin­g scheduled waste without a licence into the environmen­t, leading to pollution.

The accused claimed trial to both charges. They face a jail sentence of not less than five years and not more than 30 years, or a fine, or both, under Section 430 of the Penal Code and face a fine not exceeding RM100,000, or a jail sentence not exceeding five years, or both, under Section 25 (1) of the Environmen­tal Quality Act 1974.

In submission, counsel for the accused Datuk Akberdin Abdul Kader said bail should be allowed as there was no evidence that indicated the accused would abscond or interfere with witnesses.

DPP Mohd Asnawi Abu Hanipah argued that even though the court had the discretion to allow bail, it should consider the gravity of the case which resulted in 1.2 million consumers being affected during the water disruption.

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