KOK FOH PALM OIL MILL

KOK FOH PALM OIL MILL

The prosecution failed to establish a prima facie case on the third essential element because of unresolved doubts over the authenticity and compliance of the Ringelmann chart used, inability to confirm the same chart was used in investigation and produced in court, failures and inconsistencies in observation procedure (distance and timing) and investigator competence, and overall inadequacy of the investigation to produce credible evidence; therefore the accused was acquitted.

Citation
NA-63ES-38-12/2021 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA (Jabatan Alam Sekitar Negeri Sembilan); Accused: THE CHINA ENGINEERS (MALAYSIA) SDN BHD (KOK FOH PALM OIL MILL)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 February 2025
Case Number
NA-63ES-38-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (environmental) / End of Prosecution Case — Judgment on Prima Facie; Acquittal
Outcome
Accused released and acquitted; no prima facie case established
Legal Topics
Air Pollution, Ringelmann Chart, Prima Facie Test, Admissibility of Evidence, Investigation Procedure
Source Language
Malay/English
Environmental Law Criminal Law Administrative Law Air Pollution Ringelmann Chart Prima Facie Test Admissibility of Evidence Investigation Procedure

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Parties

PENDAKWARAYA (Jabatan Alam Sekitar Negeri Sembilan)

Prosecution

THE CHINA ENGINEERS (MALAYSIA) SDN BHD (KOK FOH PALM OIL MILL)

Accused

Procedural Posture

Criminal (environmental) / End of Prosecution Case — Judgment on Prima Facie; Acquittal

Legal Issues

  1. 1 Whether the accused emitted smoke darker than Ringelmann No.1 from Boiler No.2 for an aggregate period exceeding five minutes in one hour contrary to Regulation 12(1) of the Clean Air Regulations 2014
  2. 2 Whether the Ringelmann chart used and produced in court was properly authenticated and compliant with BS 2742 or approved equivalent
  3. 3 Whether the prosecution's observation method (distance, timing, instrumentation, personnel competence) and investigation were adequate to establish a prima facie case

Ratio Decidendi

The prosecution failed to establish a prima facie case on the third essential element because of unresolved doubts over the authenticity and compliance of the Ringelmann chart used, inability to confirm the same chart was used in investigation and produced in court, failures and inconsistencies in observation procedure (distance and timing) and investigator competence, and overall inadequacy of the investigation to produce credible evidence; therefore the accused was acquitted.

Court Disposition

Accused released and acquitted; no prima facie case established

Orders

  • Charge under Regulation 12(1) Clean Air Regulations 2014 dismissed; accused acquitted and discharged