171 Sungai Kim Kim victims win civil suit against factory and two Singaporean directors seven years after toxic waste disaster

JOHOR BAHRU: Seven years after toxic waste was illegally dumped into Sungai Kim Kim in Pasir Gudang, 171 victims have succeeded in their civil suit against the parties responsible, with the Civil High Court finding a used tyre processing factory, its two Singaporean directors, and a lorry driver liable for the 2019 chemical pollution disaster.

According to The New Straits Times (NST), Judicial Commissioner Manira Mohd Nor ruled on Wednesday (Sep 9) that all 171 plaintiffs had succeeded in their action against P Tech Resources Sdn Bhd, Singaporean directors Wang Jing Chao, 41, and Yap Yoke Liang, 43, and lorry driver N. Maridass, 42. The four defendants were ordered to pay RM100,000 (S$31,200) in legal costs.

However, the plaintiffs failed in their claims against eight other defendants, including the Johor state government, then Menteri Besar the late Datuk Osman Sapian, then state Health and Environment Committee chairman Datuk Sahruddin Jamal, the Johor Environment Department, and the Pasir Gudang Municipal Council. Those eight defendants were awarded RM80,000 in legal costs.

What happened in 2019

The chemical pollution occurred on March 13, 2019, after toxic waste was dumped into Sungai Kim Kim on March 7. The disaster affected more than 2,000 people and forced the closure of 111 schools in Pasir Gudang. A total of 947 people required treatment, nine of whom were admitted to the intensive care unit at Hospital Sultan Ismail.

Lawyer Datuk Kamarudin Ahmad, representing all 171 plaintiffs, described the ruling as a landmark for environmental accountability. “This judgment is very important for environmental issues. It should serve as a warning to factories against simply dumping toxic waste into rivers. It should also curb the use of unlicensed contractors, lorries and drivers in handling hazardous toxic waste,” he said, as quoted by NST.

The trial, which began in 2022, ran for 20 days and heard testimony from 19 witnesses for the plaintiffs and 12 for the defendants.

This first phase of proceedings determined liability only. The court will now fix a case management date to assess damages. Of the 171 plaintiffs, 42, comprising students and seven members of the public, are seeking RM30 million in damages, while 129 fishermen are claiming RM3 million for economic losses.

A father’s relief and lingering disappointment

For Idham Wazir A. Wahab, 56, whose son Irfan Wafiy was among the worst-affected victims, the ruling brought mixed emotions. He expressed relief at the liability finding, but disappointment that claims against the government and local authorities had failed. “In my view, they also had a responsibility because there were shortcomings in safeguarding the environment in Pasir Gudang,” he was quoted as saying by the NST.

Irfan, now 19, suffered myokymia as a result of the disaster. His condition has improved considerably, as he no longer needed to use a walking stick. However, he still experiences pain in his leg and cannot participate in sports. He hopes to become a doctor.

Why this matters for Singapore

The two directors found liable, Wang Jing Chao and Yap Yoke Liang, are Singaporean nationals. The ruling establishes civil liability for cross-border environmental harm involving Singapore-registered individuals operating businesses in Malaysia, and may have implications for how Singapore residents and companies engaged in industrial operations across the Causeway approach environmental compliance and waste disposal obligations.