PETALING JAYA: Five men, including four brothers, have filed a revision application in the High Court on the refusal of a Sessions Court judge to offer them bail after they claimed trial to two charges of polluting Sungai Gong in Rawang early this month.
Their lawyer Abdul Rashid Ismail said the application was filed yesterday afternoon and the Shah Alam High Court registry had fixed tomorrow for case management.
“We hope to get an early date for a High Court judge to hear the application,” he told FMT.
Rashid said although one of the alleged offences was non-bailable, the Sessions Court had the discretion to set them free pending the outcome of their case with conditions attached.
“We feel that she did not exercise her discretion properly in offering bail and no reason was given for the decision,” he said.
Sessions judge Syafeera Mohd has fixed Oct 27 for case mention.
The five are accused of intentionally committing mischief by causing hazardous waste from the factory to flow into Sungai Gong on Sept 3.
They were charged under Section 430 of the Penal Code, which is read with Section 34 of the Penal Code.
If found guilty, they face a jail sentence of between five and 30 years or a fine or both.
Rashid said this charge under the Penal Code did not automatically carry the life imprisonment of 30 years, unlike those who were found guilty of drug trafficking.
High Court judges now have the discretion to impose the death penalty or the mandatory imprisonment of 30 years, which is defined as life imprisonment.
“Under Section 430, it allows the court to impose the minimum five years’ jail term and a maximum of 30 years,” he said.
Deputy public prosecutor Mohamad Iskandar Ahmad had urged the court to refuse bail or in the alternative, wanted each of the accused to post RM2 million bail if the judge was to set them free pending the conclusion of the trial.
The brothers, Yip Kok Wai, 52; Yip Kok Mun, 58; Yip Kok Kuin, 50; and Yip Kok Weng, 60, are directors of Yip Chee Seng and Sons Sdn Bhd, which owns a factory where the pollution allegedly originated.
The other person charged was the factory manager, Ho Voon Leong, 59.
The pollution of Sungai Gong, which feeds Sungai Selangor, led to a major water disruption in the Klang Valley, affecting 1.2 million households.
The five were also charged with committing mischief by causing hazardous waste from the factory to flow into the river without a licence.
They were charged under Section 25(1) of the Environmental Quality Act 1974, which is read together with Section 34 of the Penal Code. If found guilty they face a jail sentence of up to five years or a fine of up to RM100,000 or both.
Meanwhile, lawyer A Srimurugan said the primary aim of bail was to secure the attendance of accused persons during trial.
“The five have claimed trial and they are presumed to be innocent until found guilty,” he said.
He said the court should accord bail in accordance with the law and not succumb to pressure just because the case had generated wide media coverage and public condemnation of those allegedly involved.
