Peka pans AGC's lax attitude in prosecuting 5 over Sg Gong pollution

An environmental NGO claimed the Attorney-General’s Chambers’ (AGC) lackadaisical attitude in prosecuting five individuals over the pollution of Sungai Gong in 2020 had led to their acquittal, which was recently upheld by the Shah Alam High Court.

The Organisation for the Preservation of National Heritage Malaysia (Peka) claimed the prosecution’s failure to call expert witnesses and present technical evidence reflects the AGC’s gross incompetence and a lack of diligence.

“The 2020 pollution incident involved the dumping of hazardous solvents and waste, triggering massive water supply cuts affecting over 1.2 million residents across the Klang Valley.

“The recent High Court decision (in) upholding the acquittal of five individuals charged over the Sungai Gong Pollution in Rawang (had) once again exposed serious and dangerous gaps in Malaysia’s environmental governance.

“(The prosecution’s lackadaisical) attitude had effectively sabotaged the pursuit of justice for one of Malaysia’s worst environmental crimes,” said Peka president and secretary-general, Rajesh Nagarajan and Vimala Raghawan, in a statement today.

They added that such prosecutorial negligence has not only betrayed public trust but also emboldened polluters who now believe they can poison rivers with impunity.

This disaster, they said, underscores systemic failures in enforcement, prosecution and industrial compliance.

“The Sungai Gong pollution stands as a damning indictment of a lack of enforcement that continues to endanger Malaysia’s rivers, soil and public health.

“We demand that the prosecution act responsibly in discharging their duties.”

Appeal dismissed

The Shah Alam High Court, on Nov 11, had dismissed the prosecution’s appeal in upholding the acquittal of five individuals related to the Sungai Gong pollution in 2020.

In January this year, the Selayang Sessions Court acquitted the individuals, Yip Kok Wai, 58; Yip Kok Mun, 63; Yip Kok Kuin, 55; and Yip Kok Weng, 65 and Ho Voon Leong, 64, after judge Nor Rajiah Zin found the prosecution had failed to prove a prima facie case against them.

The judge found the lack of evidence to be 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 plants in question.

She also found the prosecution had failed to key witnesses, including those from the Environment Department, to testify during the trial.

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