SHAH ALAM: After spending eight days behind bars at the Bentong Prison, the five men who were charged in relation to the Sungai Gong pollution which led to water cuts affecting millions in the Klang Valley were released on bail today.
This was after the High Court allowed their review application of the Sessions Court's decision denying them bail last week, on two counts of committing mischief by causing hazardous waste to flow from their workshop, Yip Chee Seng & Sons Sdn Bhd, into Sungai Gong and discharging hazardous waste from the workshop which streamed into the river, without licence.
Judicial Commissioner Datuk Norsharidah Awang allowed brothers Yip Kok Wai, 53, Yip Kok Mun, 58, Yip Kok Kun, 50, and Yip Kok Weng, 60, who were the company directors, and Ho Voon Leong, 59, the workshop manager RM400, 000 bail each.
She also ordered the five to surrender their passports to the court until the disposal of the case and also made an order that if the accused committed any offence during the bail period, the bail would be withdrawn.
In her ruling Norsharidah said she had considered the nature of the offences the accused were being charged with, the severity of the offences, the health condition of the accused as well as the danger of the offences being repeated, among others.
"This is a serious case which caught the public's eyes. The court allows RM400,000 with one surety each to all the accused, "she said.
Earlier, lawyer Datuk Akberdin Abdul Kader who represented all the accused said the application for bail was filed on Sept 17, two days after his clients were charged at the Sessions Court in Selayang and had their bail denied.
"Unfortunately, the Sessions Court judge did not provide any reason as to why she refused bail to my clients," he said.
Akberdin submitted that although the offences were non-bailable, the charge against his clients under Section 430 of the Penal Code was a non-bailable offence, Section 25(3) of the Environment Quality Act 1974 is an offence that was bailable.
"Besides, Section 430 also provides for a fine, which meant that bail could be granted at the court's discretion," he said.
Akberdin said flight risk was not an issue in this case as all his clients have been cooperating since the investigation began, adding that the prosecution's contention that there were risks of his clients tampering with witnesses was a mere presumption.
On the issue brought up by the prosecution on the company, Yip Chee Seng & Sons being previously slapped with a compound, Akberdin said it was unnecessary to be taken into account at this stage as the company is a different legal entity from his clients.
"My client highlighted to me that in the Bentong prison, the detainees were being held in cells with 20 to 30 people. Considering that my clients are all above 50 years old, they are more vulnerable to Covid-19.
"The court could also consider the situation in the prison in Sabah," he said pleading for a RM100,000 bail be allowed to his clients.
Meanwhile, deputy public prosecutor Mohd Asnawi Abu Hanifah argued on the fact that 1.2 million households had suffered water cutbacks as a result of the pollution in Sungai Gong.
"If court wants to allow bail, it must come with strict conditions without denying the fact that the conditions were to secure the accused's attendance in court.
"The prosecution suggests the same amount (RM2 million) bail previously proposed in the lower court, if bail is allowed," he said.
On Sept 15, the five claimed trial to two charges involving the recent water pollution.
On the first count, the five were accused of committing mischief by causing hazardous waste to flow from their workshop Yip Chee Seng & Sons Sdn Bhd into Sungai Gong knowing that it would cause cutbacks of water supply for human consumption.
The offence under Section 430 carries an imprisonment term of not more than 30 years, or a fine, or both, if convicted.
On the second count, they were charged with discharging hazardous waste from the workshop which streamed down into Sungai Gong without a licence.
The charge framed under Section 25(3) of the Environment Quality Act carries a fine not more than RM100,000 or imprisonment of not more than five years or both, if convicted.
The offences were allegedly committed at the premises of Yip Chee Seng & Sons Sdn Bhd, at Lot 4219, Jalan Batu Arang, Kg Sungai Dua, Rawang, in Gombak, Selangor, between Sept 2 and 3.
The case will be up for mention on Oct 27.