Judge Nor Rajiah Mat Zin ordered their release after finding that the prosecution failed to prove a prima facie case against siblings Yip Kok Wai, 58, Kok Mun, 63, Kok Kuin, 55, and Kok Weng, 65, who are the board members, and workshop manager Ho Voon Leong, 64, at the end of the prosecution’s case.
“Therefore, all the accused are acquitted and discharged without calling for their defence,” said the judge, while ordering their bail of RM400,000 each and passports to be returned to them.
Nor Rajiah said the prosecution also failed to prove that the hazardous substances released from the premises of Yip Chee Seng & Sons Sdn Bhd had caused four water treatment plants to be contaminated.
She said no samples were taken to establish a direct link between the closure of the Sungai Selangor Phase 1, 2, 3 and Rantau Panjang plants with the premises of the accused.
“The lack of evidence is a significant deficiency in the prosecution’s case because it weakens the chain of effects and consequences between the activities on the premises in question and the closure of the water treatment plants in question.
“The chemical officer prepared three chemical reports on the rivers, but the prosecution failed to identify the components as the alleged dangerous substances. The prosecution also failed to call the witness who prepared the three chemical reports to testify about the existence of the said components said to be dangerous.
“Witnesses from the environment department were also not called by the prosecution to testify about water quality,” she said.
Nor Rajiah said the prosecution also failed to prove beyond reasonable doubt that the five accused were at the premises when the crime was allegedly committed between Sept 2 and 3 in 2020.
“The alibi notice was submitted by the defence and it was not disputed by the prosecution at the trial on Oct 11, 2024,” she said.
Nor Rajiah said the prosecution had reasonable time to probe the defence’s alibi notice but it was not submitted to the investigating officer, who was the prosecution’s final witness.
Twenty-two prosecution witnesses testified at the trial which lasted for 44 days, starting in 2022.
The five men were charged with committing mischief by causing waste material containing hazardous substances from the workshop of Yip Chee Seng & Sons to be disposed of in Sungai Gong, knowing that it would cause a decrease in the water supply for human consumption.
The charge, under Section 430 of the Penal Code and read with Section 34 of the same law, provides a prison sentence of five to 30 years or a fine, or both, if convicted.
They were also jointly charged with emitting environmentally hazardous substances from the workshop into a waterway, which then flowed into Sungai Gong, without a licence at the same place and time.
The charge under Section 25(1) of the Environmental Quality Act 1974 was punishable by a maximum RM100,000 fine, up to five years in prison, or both if found guilty.
Deputy public prosecutor Anis Hakimah Ibrahim prosecuted, while the Yip brothers and Ho were represented by lawyers M Redza Hassan and Abdul Rashid Ismail.
Met by reporters after proceedings, Ho said the court’s decision was the most meaningful Chinese New Year gift for the five of them.
“We are very happy considering that we have been facing this trial for almost five years. Finally, we are acquitted and discharged,” he said.