PENDAKWARAYA Public Prosecutor YMF Industries Sdn Bhd

PENDAKWARAYA Public Prosecutor YMF Industries Sdn Bhd

Prosecution failed to establish a prima facie case under s.180 CPC because there was no credible evidence linking YMF Industries to carrying out the prescribed or emission-causing activities at the premises at the material time: occupancy and tenancy were unproven or expired, machines and materials were not seized or proven in chain, no pollution readings or samples, and the investigation was incomplete; accordingly accused acquitted and discharged at the close of the prosecution's case.

Citation
BK-S2-63ES-16-04/2019 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Accused/defendant: YMF Industries Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
25 November 2020
Case Number
BK-S2-63ES-16-04/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal (environmental Offences) / End of Prosecution's Case Acquitted and Discharged
Outcome
Acquitted and discharged at the end of the prosecution's case
Legal Topics
Environmental Quality Act 1974, Clean Air Regulations 2014, Prima Facie Test Under S.180 CPC, Evidence and Admissibility, Investigative Obligations
Source Language
Malay/English
Environmental Law Criminal Law Administrative/regulatory Law Environmental Quality Act 1974 Clean Air Regulations 2014 Prima Facie Test Under S.180 CPC Evidence and Admissibility Investigative Obligations

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Parties

Public Prosecutor

Prosecutor

YMF Industries Sdn Bhd

Accused/defendant

Procedural Posture

Criminal (environmental Offences) / End of Prosecution's Case Acquitted and Discharged

Legal Issues

  1. 1 Whether the Company carried out the impugned activities on the premises at the material time
  2. 2 Whether the impugned machines were used by the Company to carry out the impugned activities
  3. 3 Whether the Company owned or controlled the impugned machines

Ratio Decidendi

Prosecution failed to establish a prima facie case under s.180 CPC because there was no credible evidence linking YMF Industries to carrying out the prescribed or emission-causing activities at the premises at the material time: occupancy and tenancy were unproven or expired, machines and materials were not seized or proven in chain, no pollution readings or samples, and the investigation was incomplete; accordingly accused acquitted and discharged at the close of the prosecution's case.

Court Disposition

Acquitted and discharged at the end of the prosecution's case

Orders

  • YMF Industries Sdn Bhd is acquitted and discharged at the close of the prosecution's case without being called on to enter its defence