Court acquits company owners of open burning charge

Pengerang sessions court has acquitted Fazilah Ahmad and Yusof Abdullah, owners of construction company Syarikat Bina Bahagia Enterprise, of charges related to open burning at the Rubber Research Institute of Malaysia (RRIM) compound in Kota Tinggi. The acquittal came after Judge Hidayatul Syuhada Shamsudin ruled that the prosecution failed to prove the company had the necessary authority or control over the premises to permit the open burning.

The charges, stemming from an incident on July 7, 2023, involved the burning of wood piles and roots at the RRIM compound. Local residents had complained to the environment department about the open burning, which was characterized by 10 piles of wood and roots, some of which were still smoldering and emitting smoke.

Fazilah and Yusof owned Syarikat Bina Bahagia Enterprise, which had been engaged in land-clearing works at one of the building blocks at the RRIM. The court acknowledged that the company had been granted access to the compound for two years under the terms of its contract; however, this access was managed through a guard post and the registration of individuals entering and leaving the premises.

The Malaysian Rubber Board, which oversees the RRIM, had appointed its own officer to oversee the construction company's activities. Consequently, the prosecution was unable to demonstrate that Syarikat Bina Bahagia had the requisite power or right to allow open burning activities within the compound.