The pollution incident in 2019 that affected the health of more than 2,000 people and caused 111 schools in Pasir Gudang to be ordered to be closed following the dumping of toxic waste in Sungai Kim Kim, on March 7 rocked the country as 947 victims received treatment at the Sultan Ismail Hospital - nine of them in the Intensive Care Unit.
Norlela Abu Hashim, 50, said her son, Irfan Wafiy Idham Wazir 16, is currently suffering from Myokymia, a condition that causes several limbs to tremble and relies on a walking stick due to exposure to toxic waste while studying at school.She said while she did not question the court decision, she could not help but feel that it seemed lenient for the severity of the crime committed by offenders.
"Our family, especially Irfan Wafiy, suffers both mentally and physically as he has to bear the effects of this disease, resulting in frequent trembling, especially in his legs."Irfan can only stand briefly without the walking stick due to weak nerves in his legs.
AND the court fined the lorry driver RM100K, and the company RM320K - and the general penalty includes imprisonment for a period not exceeding two years... So, why were NO director, chief executive officer, manager, or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence
41 Penalty for offences not otherwise provided for[ENVIRONMENTAL QUALITY ACT 1974]
Every omission or neglect to comply with, and every act done or attempted to be done contrary to, the provisions of this Act or any regulations made thereunder or any breach of the conditions and restrictions subject to, or upon which, any licence is issued under this Act or any regulations made thereunder shall be an offence against this Act and in respect of any such offence for which no penalty is expressly provided the offender shall be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a period not exceeding two years or to both.
Despite the fact that the laws provide that Directors, Managers and responsible officers can be charged for offences committed by companies and body corporate, it is shocking that these human decision makers are 'protected' and only the companies are fined... Companies cannot be sent to jail even though the offence usually carry a prison sentence besides fines.
43 Offences by bodies of persons and by servants and agents[ENVIRONMENTAL QUALITY ACT 1974]
(1) Where an offence against this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, chief executive officer, manager, or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he had exercised all such diligence as to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
Now, how much would the company had to spend for the proper disposal of waste - maybe so much more that the fines it had to pay. So, is it not 'profitable' to break the law - after all no one, even the Directors ended up in jail...
Lorry driver fined - Absurd, surely an ordinary driver will only dump the waste where the company told him/her to dump.
For such offences that endangered public health and environment, and even offences of Occupational Safety and Health that endangers/kills workers - IMPRISONMENT is a must for all the human decision makers responsible for what a company does or does not do.
The law must provide HIGHER penalties - and the companies and the Directors at the time of the commission of the offence must be BLACK-LISTED too
Sg Kim Kim pollution: Lorry driver, company fined
KUALA LUMPUR: A lorry driver has been fined a maximum of RM100,000 for causing pollution by the illegal disposal of scheduled waste in Sungai Kim Kim Pasir Gudang, Johor in 2019.
The Department of Environment (DOE) in a statement today said that N. Maridass was found to have released oil sludge, a scheduled waste listed in the First Schedule of the Environmental Quality (Scheduled Wastes) Regulations 2005, into the river.
It said P Tech Resources Sdn Bhd, which faced eight charges under the Environmental Quality (Clean Air) Regulations 2014, was also fined RM40,000 for each charge, making it a total of RM320,000.
The cases against Maridass and P Tech Resources were tried together and a total of 38 witnesses were called to testify.
Johor Baru Sessions Court Judge Datuk Che Wan Zaidi Che Wan Ibrahim handed down the sentence on Nov 30 after the accused pleaded guilty to the charges.https://www.nst.com.my/news/crime-courts/2023/12/985836/sg-kim-kim-pollution-lorry-driver-company-fined
Sg Kim Kim pollution: Victim still suffering from impact on health, villagers decry forgotten promises
JOHOR BARU: The mother of a victim of the Sungai Kim Kim toxic waste pollution described the punishment imposed on the culprits as 'inadequate' compared with the devastating impact on her child's health.
Norlela Abu Hashim, 50, said her son, Irfan Wafiy Idham Wazir 16, is currently suffering from Myokymia, a condition that causes several limbs to tremble and relies on a walking stick due to exposure to toxic waste while studying at school.
She said while she did not question the court decision, she could not help but feel that it seemed lenient for the severity of the crime committed by offenders.
"Our family, especially Irfan Wafiy, suffers both mentally and physically as he has to bear the effects of this disease, resulting in frequent trembling, especially in his legs.
"Irfan can only stand briefly without the walking stick due to weak nerves in his legs.
"As a mother, I am very saddened to see Irfan, who used to be active in sports at school, now becoming quiet due to the illness he is enduring," she said when contacted today.
She also questioned whether fine punishment is appropriate when perpetrators can easily afford it, compared to the suffering Irfan will endure for his entire life.
Meanwhile, Hadlisuri Rabu, 50, a resident of Kampung Bukit Pulai, where Sungai Kim Kim flows, also expressed dissatisfaction with the punishment against the offenders, saying that it does not justify the trauma experienced by the residents.
"At the time of the incident, my daughter, Nana Sofia, was only a few days old but was affected by frequent coughing and difficulty breathing, requiring referral to Hospital Sultan Ismail for follow-up treatment.
"I still remember several nearby residents, including pregnant neighbours, fainting during the incident, causing panic and chaos, as many experienced symptoms of shortness of breath and vomiting upon inhaling the extremely foul and concentrated odour.https://www.nst.com.my/news/nation/2023/12/985964/sg-kim-kim-pollution-victim-still-suffering-impact-health-villagers-decry
https://www.thestar.com.my/news/nation/2023/12/03/johor-govt-to-appeal-against-court-decision-on-sg-kim-kim-pollution-incident
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