7 years on, 171 victims win Sungai Kim Kim pollution suit

PETALING JAYA: After seven years of legal battles, the Johor Bahru High Court has ruled in favour of 171 victims of toxic waste pollution in Sungai Kim Kim in their civil suit against a company, its directors and a lorry driver.

Justice Manira Nor ordered used-tyre processing firm P Tech Resources Sdn Bhd, its Singaporean directors Wang Jing Chao and Yap Yoke Lian, and lorry driver N Maridass to pay the plaintiffs RM100,000 in legal costs, Harian Metro reported.

The damages to be paid to the plaintiffs, however, are to be assessed later.

Lawyer Kamarudin Ahmad, who represented the plaintiffs, told reporters after proceedings that he was satisfied with the judgment, which underscored the importance of environmental protection.

“We are satisfied with the judgment which found the factory, its two directors and the lorry driver liable for dumping toxic waste into Sungai Kim Kim,” he said.

He expressed hope that the court decision would serve as a lesson so that factories would not recklessly dump toxic waste into rivers in future.

“It will also curb the use of unlicensed contractors, lorries and drivers to handle hazardous toxic waste,” he said.

Kamarudin said his clients were now waiting for a case management date for the assessment of damages.

“This is the first phase, which is to determine liability, that is, who was responsible for the Sungai Kim Kim tragedy or disaster.

“For the 42 plaintiffs comprising school students and members of the public, we are seeking RM30 million in damages, while 129 fishermen are seeking RM3 million in damages for economic losses,” he said.

The plaintiffs, however, failed in their suit against eight other defendants, including the Johor government; then menteri besar the late Osman Sapian; then state health, environment and agriculture committee chairman Dr Sahruddin Jamal; the Johor environment department; and the Pasir Gudang Municipal Council, now known as the Pasir Gudang City Council.

Manira ordered the plaintiffs to pay the eight defendants RM80,000 in legal costs.

The 42-plaintiffs had sought an order to compel the state government to pay health examination costs for each of them for three years starting from the judgment date.

They also wanted an order for the state government to pay for their medical treatment for 10 years from the date of judgment should they suffer medical issues related to the pollution.

The fishermen, on the other hand, are claiming special damages, citing losses in earnings after members of the public became reluctant to buy fish caught in Sungai Kim Kim.

The students and fishermen are also claiming damages for toxic gas inhalation following the pollution in Sungai Kim Kim, as a result of which they suffered symptoms such as vomiting, headache, coughing, fever, breathing difficulties, and chest and throat pain.