JOHOR BARU: After a seven-year wait, 171 people affected by the Sungai Kim Kim toxic waste incident finally won their suit against a tyre processing company, its two Singaporean directors, and a lorry driver.
Forty-two of them, comprising school students and members of the public, had sought RM30mil in damages, while the remaining 129, who are fishermen, are claiming about RM3mil for economic losses.
The High Court will fix a date for assessment of damages.
Judicial Commissioner Manira Mohd Nor, in an hour-long judgment yesterday, 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 and 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.
The court also ordered the plaintiffs to pay RM80,000 in costs to the defendants against whom the claims were dismissed.
“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 yesterday.
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.
“The judgment marked the first phase of the case, which was 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.
Meanwhile, Idham Wazir A. Wahab – the father of 19-year-old Irfan Wafiy, who developed myokymia following the incident – said the decision was bittersweet.
He added that Irfan Wafiy was currently undergoing pre-university studies before pursuing a medical degree.
“He can now walk without a cane but cannot engage in sports and other vigorous activities. He is still feeling the aftereffects of the incident,” said the 56-year-old.
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.
