SEREMBAN: A company and its two directors, including a former state Environment Department (DOE) deputy director, claimed trial at the Sessions Court here to a charge of illegally dumping hazardous wastes.
Nature Energy Products Sdn Bhd and its directors S. Sivanathiran, 62, who was former state DOE deputy director, and Chan Kwai Soon, 47, pleaded not guilty after the charge was read to them before Judge Mohamad Kamil Nizam.
Chan also represented the company.
They were charged with dumping the waste (code SW322) on Lot 11224, in Jimah, Port Dickson at around 4.30pm on Oct 14, 2024.
SW322 refers to "waste of non-halogenated organic solvents". This classification falls under the broader category of hazardous waste and requires specific handling and disposal procedures.
The company and both directors were charged under Section 34B(1)(a) of the Environmental Quality Act 1974 (EQA) which prohibits the placement, deposit, or disposal of scheduled waste without the approval of the Director-General of Environment.
Section 34B(1)(a) directly addresses the illegal disposal of scheduled wastes, which are hazardous materials designated by the government.
Offenders can be jailed up to five years and fined between RM100,000 and RM10mil upon conviction.
Deputy Public Prosecutor from the DOE Nurliyana R. Azmi then told the court the offence was non-bailable but left it to the court's discretion.
She said in the event the court allowed bail, her team proposed an amount of RM50,000 for each director.
She also asked the court to order the directors to surrender their passports and to not contact prosecution witnesses.
Lawyer Ramzani Idris, who represented the accused, then asked the court not to impose bail, adding that the directors have been cooperative in the department's probe.
Haresh Mahadevan, who assisted Ramzani, then got up to say that the directors should not be asked to surrender their passports as both were businessmen who travelled often.
Sivanathiran, he added, was a retired government servant and was not a flight risk.
He said if the court were to impose bail, an amount of RM5,000 was sufficient.
Judge Mohamad Kamil then set bail at RM9,000 each for the directors and fixed July 3 for mention.
He also ordered the duo to report to the nearest DOE office monthly until the case is disposed of and to stay away from prosecution witnesses.
