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Court of Appeal reduces Pasir Gudang company’s fine to RM480,000

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The Johor Bahru High Court had increased the fine to RM640,000 following an appeal by the prosecution.

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A pollution incident in Pasir Gudang in March 2019 affected the health of more than 2,000 people and led to the closure of 111 schools. (Bernama pic)

PUTRAJAYA:
The Court of Appeal today reduced the fine imposed on a Pasir Gudang-based company which was charged with eight administrative offences under the Environmental Quality (Clean Air) Regulations 2014.

A three-member bench chaired by Justice Mariana Yahya allowed P Tech Resources’s appeal to reduce the fine from RM80,000 per charge to RM60,000 per charge.

Also on the bench hearing the final appeal were Justices Zaini Mazlan and Noorin Badaruddin.

Among the eight administrative offences committed by the company were failure to carry out periodic monitoring, and ensuring that the air pollution control system is supervised by a competent party, as well as failing to equip the premises with equipment to monitor the performance of the air pollution control system

At the outset of today’s proceeding, the company’s lawyer, G Subramaniam Nair, said representations were sent to the Attorney-General’s Chambers in August and were accepted.

Deputy public prosecutor Tengku Shahriman Tun Lah confirmed the matter.

In November last year, the Johor Bahru sessions court fined P Tech Resources RM40,000 on each count of the offences committed in 2019.

In June, the Johor Bahru High Court increased the fine to RM80,000 per charge following an appeal by the prosecution.

The company’s representative had pleaded guilty to the eight charges under the regulations when they were brought in the sessions court.

The maximum fine that could be imposed was RM100,000 per charge.

Subramaniam, who was assisted by S Devika, told reporters the balance of the money for the fines would be returned to the company.

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