JOHOR BARU: After a seven-year wait, 171 plaintiffs in the Sungai Kim Kim toxic waste case finally saw their legal battle end in their favour when the High Court ruled against four defendants.
Judicial Commissioner Manira Mohd Nor, in an hour-long oral judgment on Wednesday (Sept 9), ordered tyre processing company P Tech Resources Sdn Bhd, its two Singaporean directors and a lorry driver to pay RM100,000 in costs to the 171 plaintiffs.
However, the court dismissed the claims against eight other defendants, including former Johor mentri besar Datuk Osman Sapian, former state health and environment committee chairman Datuk Dr Sahruddin Jamal, as well as government agencies including the Environment Department and Pasir Gudang Municipal Council.
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The court also ordered the plaintiffs to pay RM80,000 in costs to the defendants against whom the claims were dismissed.
The 171 plaintiffs comprise 42 students and members of the public, as well as 129 fishermen.
"This is the oldest case in my court. After more than seven years, it has come to an end. After this, I will feel relieved," JC Manira said before delivering her decision.
Outside the courtroom, lawyer Datuk Kamarudin Ahmad, who represented the plaintiffs, said the judgment was significant in addressing environmental issues and ensuring that companies did not indiscriminately dispose of toxic waste into rivers under the Environmental Quality Act 1974.
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"The judgment marked the first phase of the case, to determine liability and establish who was responsible for the Sungai Kim Kim disaster.
"The next phase will involve the assessment of damages because not all the plaintiffs suffered the same losses," he said, adding that the court would fix a case management date soon for the assessment of damages.
He added that the 42 plaintiffs are seeking RM30mil in damages, while the fishermen are claiming about RM3mil for economic losses.
Idham Wazir A Waha, the father of 19-year-old Irfan Wafiy Idham Wazir, who suffered from myokymia after the incident, said the court decision was bittersweet.
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"We are grateful but also sad that the state government and relevant authorities were dismissed as they are supposed to be the ones responsible for ensuring the safety of the people and environment," said the 56-year-old.
He added that Irfan Wafiy is currently undergoing pre-university studies before pursuing a degree in medicine.
"He can now walk without a cane but cannot engage in sports and other vigorous activities. He is still feeling the after-effects of the incident," he added.
In March 2019, the Sungai Kim Kim chemical waste pollution incident affected the health of over 2,000 people and led to the closure of 111 schools in Pasir Gudang.
