Wednesday, September 16, 2020

MACC investigating possible corruption in Sg Gong pollution, and finally Directors, not just the Company being charged?

Many times, companies break laws - and it is just the company that is charged in court > it is rather foolish, when the real 'decision makers' of what companies do or do not do are never are made personally criminally liable for their actions/omissions - The owners(shareholders) and the Directors are the human persons that decide or not whether the company breaks the law or follows the law - so, when the law is broken, they, the owners and Directors must be charged and tried in court. Hence, it is a step in the right direction when the Directors of the company that allegedly polluted our waters are charged in court.
CORRUPTION - How can Malaysian competent authorities, who make sure the laws are followed find no wrong in some law-breaking businesses. When was the last inspection done by the government authorities, that would have made sure that waste disposal was done in the correct way in accordance to law...If it happened, and enforcement done, then our waters would never have been polluted. It is sad, when our earnest inspection and enforcement too many times happen 'after the fact' - after the crime have been committed..
Was the inspecting and/or investigating worker 'BRIBED' - Did the department/agencies heads know about this?  Or were they also 'BRIBED" - Was it the Minister or the Chief Minister who was 'BRIBED'?
Corruption need to be weeded out no matter who was involved in committing the crime.
Many workers/people also often do not even bother complaining or claiming to the relevant departments and Ministries responsible for the protection of their rights and/or upholding the law - simply because they believe that most relevant enforcement officers, agencies and even mechanisms may have already been compromised by 'bribes' and hence the struggle for justice will fail - and reporting/complaining is simply a waste of time. 
This is a sad state of affairs that demands the government including the MACC to speedily weed out corruption.

The company Directors of ONE of the companies who allegedly polluted our waters have been charged in court...

BUT should not the relevant officers, head of departments, etc - who became 'BLIND" to the existence of wrongdoings also be charged now. Their failure in timely enforcement may be said to have caused this pollution.

The biggest CULPRIT is not the giver of 'bribes' but really the relevant government officers, who because of the bribes, did not do their jobs as they are supposed to. When  someone tries to bribe a public official, that official must immediately make a report to MACC - why did they not do so? Their failure propagates corruption.
Bad 'public officers' should also be charged in court.

If the enforcers of law did their jobs, then they would have inspected workplaces to make sure that it follows the law - that the waste are disposed properly in accordance to law - and not disposed 'illegally' so as to affect our water supply...

ONE company has been identified - but can the waste of just one company affect our waters in such a drastic way - I hope that the other 'water polluters' will be speedily identified. No violator of the law, even with strong connections to government or politicians should escape..

In any event, the Directors of this one company, that have been charged in court have all pleaded NOT GUILTY - so, we shall watch the trial. Hope that this one company is not simply made the 'SCAPEGOAT" and take the entire blame, whilst other law-breakers get off scott free..

MACC - their credibility still need to be strengthened. After all, before GE14, did they not vet all the BN candidates - and then we see so many of these same previously MACC vetted BN candidates being later charged, and even the then Prime Minister has already been convicted and sentenced. What was interesting is that their offences were committed pre-GE14.

MACC should stop vetting election candidates or even asking MPs to sign 'anti-curruption pledges' > they should just focus on enforcement of the law.

MACC and the police must be INDEPENDENT, and be seen to be INDEPENDENT - and they must certainly be independent of the PM, Ministers, etc ..

Government of the day seems to be still too involved in the appointed of the head of MACC and even the Police > should we get a more independent body or system to do this...

Now, in the Sg. Gong case, if it is NOT corruption - then it will be incompetence and inefficiency on the part of the agencies, departments and Ministries responsible to ensure no one pollutes our waters...and threaten the health of us..

Will this problem be thoroughly investigated and acted on ....or will it also be 'forgotten' soon?

MACC investigating possible corruption in Sg Gong pollution


Tuesday, 15 Sep 2020 12:32 PM MYT


KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) has initiated investigations into the Sungai Gong pollution incident.

"I cannot divulge the full details but we are currently scrutinising it and looking at several issues under our purview," MACC chief commissioner Datuk Seri Azam Baki told reporters at the "Corporate Liability – Are You At Risk Forum" here on Tuesday (Sept 15).

He said the investigations were being conducted together with the police and other relevant authorities.

On Sept 14, the police submitted investigation papers on the Sungai Gong pollution incident to the Attorney General's Chambers (AGC).

Environment and Water Minister Datuk Seri Tuan Ibrahim Tuan Man said in a press conference that the papers were submitted to the AGC last week.

He said action could be taken under Section 43 of the Environment Quality Act against a company that caused pollution, as well as its management.

Last week, police remanded several people as part of its investigation into the pollution of Sungai Gong in Rawang after a solvent was dumped into the river caused the disruption of water supply to 1.2 million people early this month.

Subsequently, four company directors and a workshop manager were charged in connection with the case at the Selayang Sessions Court today (Sept 15).- Star, 15/9/2020

Four company directors, workshop manager charged over pollution of Sungai Gong

Four company directors and a workshop manager linked to the recent pollution of Sungai Gong arrive at the Selayang Magistrate's Court September 15, 2020.
Four company directors and a workshop manager linked to the recent pollution of Sungai 
Gong arrive at the Selayang Magistrate's Court September 15, 2020.

KUALA LUMPUR, Sept 15 — Four company directors and a workshop manager were charged in the Selayang Sessions Court here today in connection with the pollution in Sungai Gong which resulted in water supply disruption to more than 1.2 million people recently.

They are brothers Yip Kok Wai, 53; Yip Kok Mun, 58; Yip Kok Kuin, 70; and Yip Kok Wong, 60, who are the board of directors of Yip Chee Seng & Sons Sdn Bhd , and Ho Voon Leong, 59, who is the manager of the company's workshop.

All of them pleaded not guilty to charges made against them before judge Syafeera Mohd Said. 

On the first count, they were all charged under Section 430 of the Penal Code with committing mischief by causing hazardous waste from the workshop to flow into Sungai Gong, hence causing a diminution of water supply for human consumption.

They were charged with committing the act at the workshop at Kg Sungai Dua, Rawang, near here between last Sept 2 and 3.

If found guilty, they face imprisonment for up to 30 years or with fine, or both.

The five men 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 was made under Section 25 (1) of the Environmental Quality Act 1974 which provides a maximum fine of RM100,000, or imprisonment for up to five years, or both, if found guilty.

All of them were not allowed bail and the court set Oct 27 for mention. — Bernama - Malay Mail, 15/9/2020


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