9 Nov 2023
1. ) CHAI KIN SANG 2. ) CHAI WERN TEIK
- Citation
- BA-42ES-1-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-42ES-1-05/2023 (Mahkamah Tinggi)
The High Court upheld the Sessions Court's discharge and acquittal because the prosecution failed to establish a prima facie case that hazardous substances were released from FG Autoparts into drainage and entered Sungai Gong: there was no credible direct evidence linking the respondents to disposal, material doubts over chain of custody and identity of samples, chemical reports were inconclusive for statutory water-quality impact (no quantitative/parameter testing), the simulation was artificial and did not reflect conditions on the material dates, and an alternative source increased reasona…