PENDAKWARAYA TPR TUAN MOHD IZHAM BIN ALI FERMPRO SDN. BHD. [83579-K]

PENDAKWARAYA TPR TUAN MOHD IZHAM BIN ALI FERMPRO SDN. BHD. [83579-K]

The court held that, as a matter of grammar and statutory interpretation of the authoritative Malay text, the modifier 'berbahaya' in s31(1) Akta 127 applies only to 'alam sekeliling' (environment) and not to 'pencemar' or 'buangan'; further, the prosecution had, by maximum evaluation and at trial conclusion, proved the elements of s31(1)(g) as a strict liability offence (valid notice, discharge of effluent and failure to comply), and the conviction and sentence under s31(3) Akta 127 were therefore upheld.

Citation
RA-42ES-1-12/2019 (Mahkamah Tinggi)
Parties
Appellant/perayu: Fermpro Sdn. Bhd. (83579-K); Respondent/responden: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 February 2021
Case Number
RA-42ES-1-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Judgment on Appeal
Outcome
Appeal dismissed; conviction and sentence upheld
Legal Topics
Strict Liability, Service of Notice, Effluent Discharge, Statutory Interpretation, Sentencing
Source Language
Malay/English
Environmental Law Criminal Law Administrative Law Statutory Interpretation Strict Liability Service of Notice Effluent Discharge Sentencing

Case Brief

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Parties

Fermpro Sdn. Bhd. (83579-K)

Appellant/perayu

Pendakwa Raya

Respondent/responden

Procedural Posture

Criminal Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the word 'berbahaya' (hazardous) in s31(1) Akta 127 applies to 'buangan' (waste/effluent) or only to 'alam sekeliling' (environment)
  2. 2 Whether the prosecution proved the offence under s31(1)(g) Akta 127 beyond reasonable doubt (and had made out a prima facie case at the close of prosecution)

Ratio Decidendi

The court held that, as a matter of grammar and statutory interpretation of the authoritative Malay text, the modifier 'berbahaya' in s31(1) Akta 127 applies only to 'alam sekeliling' (environment) and not to 'pencemar' or 'buangan'; further, the prosecution had, by maximum evaluation and at trial conclusion, proved the elements of s31(1)(g) as a strict liability offence (valid notice, discharge of effluent and failure to comply), and the conviction and sentence under s31(3) Akta 127 were therefore upheld.

Court Disposition

Appeal dismissed; conviction and sentence upheld

Orders

  • Appeal dismissed and conviction under s31(1)(g) Environmental Quality Act 1974 (Akta 127) and sentence under s31(3) Akta 127 are upheld.
  • Fine of RM25,000 imposed; if unpaid, Government may levy company assets through the Department of Environment, Negeri Perlis.