Malaysia: 3 charged over Sg Kim Kim pollution

Rizalman Hammim New Straits Times 25 Mar 19;

JOHOR BARU: “THERE are no chemiclas in court, so why are you wearing a mask? Remove it.”

This was the stinging rebuke delivered by judge Jailani Rahman to the director of a used tyre processing factory, who was wearing a disposable mask for his charge proceedings at the Sessions Court here yesterday.

The accused, Wang Jing Chao, 34, a Singaporean, was called out for the charge to be read.

Wang was the last of three people brought to court over charges of collusion and of disposing of a scheduled substance into Sungai Kim Kim.


Wang and Yap Yoke Liang, 36, who is also a director of the Pasir Gudang factory, as well as lorry driver N. Maridass, 35, pleaded not guilty to the charges.

Yap and Wang were accused of colluding with Maridass to dispose of a scheduled substance in Sungai Kim Kim using a tanker trailer without the approval from the director of the Department of Environment between 12.01am and 1am on March 7.

Maridass is accused of disposing of the substance into Sungai Kim Kim.

They were charged under Section 34B(1)(a) of the Environmental Quality Act 1974, which carries a maximum of five years’ jail and a fine of not more than RM500,000 upon conviction.

Deputy public prosecutor Mohamad Asyraf Md Kamal did not offer bail, and submitted his objection to any bail application by the accused.

He said they were accused of committing serious actions that had led to severe environmental pollution, which affected the lives of thousands of people in Pasir Gudang, including schoolchildren.

“All the accused were arrested in different locations — Batu Gajah in Perak and Segamat and Yong Peng in Johor — which, we believe, was because they were trying to run and hide,” he said.

Jailani set bail for Yap at RM240,000 with one surety, while Marida ss’ bail was set at RM100,000 with one surety.

He ordered Yap to surrender his passport to the court.

The judge, however, denied bail for Wang.

Jailani set April 30 for mention of the case.

Yap and Wang were represented by counsel G. Subramanian Nair, while Maridass was represented by Rathakrishna.

The court postponed further charge proceedings against Wang and Yap, who were supposed to have been hit with another 15 charges each under the Environmental Quality Act 1974.

The judge postponed the proceedings to today following time and technical constraints, given the large number of charges involved.

Directors claim trial to river pollution
mohd farhaan shah The Star 26 Mar 19;

JOHOR BARU: A used tyre-processing company and two of its directors pleaded not guilty at the Sessions Court here to a total of 45 charges for polluting Sungai Kim Kim in Pasir Gudang.

Singaporean Wang Jing Chao, 34, his Malaysian business partner Yap Yoke Liang and their company, P Tech Resources Sdn Bhd, have been charged with 15 counts each.

According to the charges, Wang and Yap failed to manage the company’s scheduled waste, under Rule 3(1) of the Environment Quality Regulations (Scheduled Wastes) 2005, which itself is under the Environment Qua­lity Act 1974.

They were alleged to have committed the offences on March 12 at around 12.25pm at P Tech Resources Sdn Bhd, located at Jalan Nibong 2 in the Tanjung Langsat Industrial Area.

Wang and Yap could be fined a maximum of RM100,000, jail up to two years or both upon conviction.

The two also pleaded not guilty on the company’s behalf.

Sessions court judge Jailani Rahman set bail at RM15,000 for each of the accused involved in the scheduled waste charges and another RM3,000 for air pollution.

The mention date has been fixed for April 30.

Jailani also ordered Wang to have a Malaysian surety and to report to the Pasir Gudang police station on the first day of every month until the case is over.

Deputy Public Prosecutor Muham­mad Asyraf Md Kamal and Farra Nor Azura Jumuddin prosecuted while lawyer G. Subramaniam Nair represented the accused.

On Sunday (March 24), Wang and Yap, together with the company’s lorry driver N. Maridass, were also charged for allegedly dumping chemical waste into Sungai Kim Kim, an offence that falls under Section 34B(1)(a) of the Environ­ment Quality Act 1974.

Yap and Wang were also charged under Section 42 of the same Act.

If convicted, they can be jailed up to five years and fined a maximum of RM500,000.

The Sessions Court slapped an RM100,000 bail on Maridass and RM250,000 on Yap in one surety each.

Yap was ordered to hand over his passport while Wang was not offered bail, as he is a foreigner.


Sg Kim Kim pollution: Wang, Yap plead not guilty to a further 15 charges
mohd farhaan shah The Star 25 Mar 19;

JOHOR BARU: Two directors of a used tyre-processing company have been slapped with more charges for polluting in the Sessions Court here Monday (March 25).

Singaporean Wang Jing Chao, 34, and his Malaysian partner Yap Yoke Liang, 36, face 15 charges each to which they pleaded not guilty in front of Sessions Judge Jailani Rahman here Monday.

According to the charges, Wang and Yap failed to manage the company's scheduled waste under Rule 3(1) of the Environment Quality Regulations (Scheduled Wastes) 2005 under the Environment Quality Act 1974.

They were alleged to have committed the offence on March 12 at around 12.25pm at P Tech Resources Sdn Bhd, located along Jalan Nibong 2 in the Tanjung Langsat Industrial Area.

The two accused were also alleged to have caused air pollution for failing to carry out regular monitoring under the same rule.

They committed the offence at the same place, time, location and date.

Wang and Yap could be fined not more than RM100,000 or imprisoned for not more than two years or both upon conviction.

Meanwhile, P Tech Resources Sdn Bhd, also faces 15 charges and the company, represented by Yap and Wang, pleaded not guilty to as well.

Jailani then set April 30 for the mention of the case before setting bail at RM15,000 for each of the accused in each case involving scheduled waste and another RM3,000 for each case involving air pollution.

Jailani also ordered Wang to have a Malaysian surety and report himself to the Pasir Gudang police station on the first day of every month until the case is over.

Deputy Public Prosecutor Muhammad Asyraf Md Kamal and Farra Nor Azura Jumuddin prosecuted while lawyer G. Subramaniam Nair represented the accused.

On Sunday (March 24), Wang and Yap, together with the company’s lorry driver N. Maridass, were charged for dumping chemical waste into Sungai Kim Kim.

They also pleaded not guilty to the charges against them.

No decision yet on compensation for river pollution victims
Bernama New Straits Times 25 Mar 19;

KUALA LUMPUR: Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail said the government has yet to decide on the quantum of compensation for those affected by toxic fumes resulting from the dumping of chemical waste in Sungai Kim Kim, Pasir Gudang, Johor.

She said the government is now focused on the treatment of the victims and looking at preventive measures to avoid recurrence of the crisis.

“The Sungai Kim Kim incident just happened. Up to now, the government has taken the responsibility of providing the necessary health and medical aid.

“As for the compensation, the quantum and how much has yet to be decided,” she told the Dewan Rakyat, here, today.

Dr Wan Azizah was replying to a supplementary question from Mohd Shahar Abdullah (BN-Paya Besar) who wanted to know the quantum of compensation to be given to the people affected by the pollution.

She also said the government spent RM8.78 million to address the floods in the east coast states between November 2018 and March 7 this year.

The sum included RM5.6 million for the flood relief centres and RM2.8 million to set up the forward bases under the Social Welfare Department in securing basic necessities such as mattresses, mats, blankets and pillows, she said.

A sum of RM320,000 was provided to the state disaster management secretariats and for the operations of the district disaster management committees in these states, she added.

"The federal government also provided RM500 in compassionate payment to the heads of each (affected) household,” she said.

Dr Wan Azizah was replying to the original question, from Datuk Rosol Wahid (PH-Hulu Terengganu), on the total allocation the government had provided in addressing the floods in the east coast states between November 2018 and January this year. -- Bernama

‘Govt yet to decide on payouts for Pasir Gudang victims’
Reports by MARTIN CARVALHO, RAHIMY RAHIM and TARRENCE TAN The Star 26 Mar 19

THE federal government has yet to determine whether to compensate the victims of the chemical dumping incident in Pasir Gudang, Johor, says Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail.

For now, she said the government was focusing on immediate medical assistance and treatment to the victims.

She added that the government was also looking for preventive measures to ensure similar incidents would not occur in future.

Mohd Shahar was asking the government to state the amount of compensation that would be paid to the victims of the incident.

On a separate matter, Dr Wan Azizah said RM8.78mil had been allocated to east coast states to address flooding issues during the monsoon season between November last year and March this year.

A total of RM5.6mil was allocated to flood relief centres, while RM2.8mil was given to the Welfare Department to procure basic items needed during the flood season including mattresses, mats, blankets and pillows.

Dr Wan Azizah said a total of RM320,000 had been allocated for the expenditure of the state disaster management committee secretariat for east coast states.

“For the flood victims, the federal government allocated a total of RM500 to each head of household,” she told Datuk Rosol Wahid (PH-Hulu Terengganu), who asked the government to state the allocations provided to east coast states to face floods during the monsoon season.

Johor Sultan orders probe into pollution of Benut, Machap rivers
Bernama New Straits Times 25 Mar 19;

JOHOR BARU: The Sultan of Johor, Sultan Ibrahim Almarhum Sultan Iskandar, today ordered the authorities to immediately investigate the pollution in Sungai Benut and Sungai Machap in Simpang Renggam, saying the contamination might have killed the fish in the rivers.

In a post uploaded onto his official Facebook account, the Ruler said he wants a thorough probe to ensure there is no repeat of the Sungai Kim Kim incident.

Sultan Ibrahim said he wants the relevant authorities to submit a report on the pollution of the two rivers immediately.

“Carry out the investigation, and I want a report immediately on the matter. Those involved must be held responsible for the pollution of the rivers. This (polluting of the rivers) is an irresponsible act,” he posted.

In a related development, Simpang Renggam MP Dr Maszlee Malik, who is also the Minister of Education, is expected to make a visit to Sungai Benut today.

Chemical waste dumped into Sungai Kim Kim resulted recently in the release of toxic fumes into the air that sent about 1,000 people to hospital, forced the closure of all 111 schools in Pasir Gudang and necessitated a massive clean-up of the river. –Bernama


Johor DoE: Pasir Gudang used tyre factory sealed on March 11
Rizalman Hammim New Straits Times 25 Mar 19;

JOHOR BARU: The used tyre processing factory, believed to be the source of toxic pollutants found in Sungai Kim Kim, has been sealed by the Department of Environment (DoE).

State DoE director Datuk Dr Mohammad Ezzani Mat Salleh said the factory was sealed by the department on March 11.

"The factory has since ceased operations," he said.

A check by NST showed that the factory, located in the Tanjung Langsat Industrial Park, Pasir Gudang, was locked and nobody was seen inside.

It was reported that P Tech Resources Sdn Bhd and two of its directors Yap Yoke Liang and Wang Jing Chao were each charged at the Sessions Court with 15 offences under two environmental regulations.

Each faced eight charges under Regulation 16(1) of the Environmental Quality Regulations (Clean Air) 2014 and seven charges under Regulation 3(1) of the Environmental Quality Regulations (Scheduled Wastes) 2004.

On Sunday, Yap and Wang, along with lorry driver N. Maridass, were charged at the same court for illegally disposing off scheduled substances into Sungai Kim Kim early this month.

Ezzani said the factory had been operating for about a year but could not provide any information about its legal status.

“That is under the jurisdiction of the Pasir Gudang Municipal Council (MPPG),” he said.

Attempts to contact MPPG proved unsuccessful.


High Court reviews bail ruling in Sg Kim Kim case
mohd farhaan shah The Star 28 Mar 19;

JOHOR BARU: The High Court here has reviewed the ruling made by the Sessions Court in the Sungai Kim Kim chemical dumping case in Pasir Gudang by reducing the bail for two of the accused and offering bail to the third one.

P Tech Resources Sdn Bhd directors Wang Jing Chao, a Singaporean, and Yap Yoke Liang, as well as their lorry driver N. Maridass were charged in the Sessions Court on Monday.

Maridass is accused of illegally disposing of chemicals into Sungai Kim Kim on March 7 while Wang and Yap are charged with conspiring with him.

All three were charged under Section 34B(1)(a) of the Environment Quality Act 1974.

After they were charged, Sessions Court judge Jailani Rahman imposed a RM100,000 bail on Maridass and RM250,000 on Yap in one surety each.

He also ordered Yap to hand over his passport, while Wang was not offered bail since he is a foreigner.

High Court judge Justice Ahmad Kamal Md Shahid said the Sessions Court judge did not provide a reason to justify his ruling on bail for the three.

“The Sungai Kim Kim incident has been receiving attention not only in Johor but also throughout Malaysia, having been intensively reported by the media.

“The High Court has the right to review the decision and I found that the learned judge has made a mistake,” he said before giving his decision yesterday.

Justice Ahmad Kamal reduced Maridass’ bail from RM100,000 to RM30,000, Yap from RM250,000 to RM150,000, and offered Wang a bail of RM250,000 with two Malaysian sureties.

Wang must also report to the Pasir Gudang police station on the 15th of every month until the case is over.

Deputy public prosecutor Roslan Md Nor represented the prosecution while G. Subramaniam Nair acted for Yap and Wang, and S. Rathakrishna for Maridass.

All three posted bail.