Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Heavy metals (cadmium)
  • 14 Jul 2025

    ON SEMICONDUCTOR MALAYSIA SDN. BHD.

    Citation
    NA-63ES-3-02/2022 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    NA-63ES-3-02/2022 (Mahkamah Sesyen)

    Although the prosecution established a prima facie case based on official sampling and laboratory analysis showing cadmium at 1.04 mg/L, the defence adduced credible, independent laboratory evidence and challenged the integrity of the prosecution's samples (temperature, pH, storage, equipment and chain of custody). Those challenges raised reasonable doubt such that the prosecution failed to prove guilt beyond reasonable doubt; therefore the accused must be acquitted under Regulation 11(1)(b) of the Environmental Quality (Industrial Effluent) Regulations 2009.