PUTRAJAYA, Nov 12 — The Court of Appeal yesterday set aside Felda Palm Industries Sdn Bhd's conviction and RM18,000 fine for discharging effluent with content exceeding the prescribed limits.
A three-member panel comprising Justices Datuk Azman Abdullah, Datuk Noorin Badaruddin and Datuk Meor Hashimi Abdul Hamid allowed the company’s appeal to set aside the Sessions Court decision that convicted it of the offence and imposed the fine.
Delivering a unanimous decision, Justice Azman said doubts over the handling and preservation of the effluent samples by the Department of Environment undermined the accuracy of the Chemistry Department of Malaysia's analysis.
He added that the company had submitted analysis results showing a lower three-day Biochemical Oxygen Demand (BOD) reading, and that the prosecution had not adduced any rebuttal evidence.
