Malaysian courts will not hesitate to impose custodial sentences on company directors who continue to flout environmental laws, local and multinational corporations (MNCs) in the country were warned today.

This follows fears expressed that the maximum fine of RM500,000 may not be seen as a sufficient deterrent to MNCs and local companies that could afford to pay the fine and continue to flout the law.

NONE Chief Justice Arifin Zakaria said today he hoped the setting up of 76 specialised courts nationwide since September this year to deal with environmental offences would help expedite the hearing of these environment-related cases.

Having such courts and trained judicial officers in sessions and magistrate's courts nationwide to impose sufficiently deterrent sentences, Justice Ariffin said, would help safeguard the Malaysian environment, about which he is very concerned about as it is very fragile and sensitive.

"The punishment imposed by the courts (in environmental cases) is to sufficiently deter them from committing or repeating the offence.

"There is also the sentence of imprisonment as well and if it is a company, the directors will have to serve the sentence. Nobody can get away with it," he warned.

"Any threat to the environment is a threat to our very existence. The damage to the environment is irreparable and some instances may need thousands of years for rehabilitation."

“Any threat to the environment is a threat to our very existence. The damage to the environment is irreparable and some instances may need thousands of years for rehabilitation. Environment is for our safety at present and also the future generation. That is the least that the judiciary can contribute to the society and that is our duty,” said the Chief Justice.

The Chief Justice was asked to comment over fears that the maximum fine of RM500,000 may not deter big MNCs or local companies who may continue to flout with the environment laws.

Jurisdictions consider life ‘to mean a safe environment’ 

Arifin also pointed out that there are some jurisdictions like in India and Bangladesh, where the word life in their constitution is construed to a right to safe environment.

“Rights to fresh air, clean water but we have not gone that far (in Malaysia). It is just to emphasise the point that when we talk about life it is not only animal or human life but with proper environment, fresh air, clean water. This is what all of us are entitled to,” he stressed.

“Other countries like Thailand, Indonesia and India have a specialised court or tribunal dealing with environmental cases and Malaysia now has it since September.”

At present most courts impose a fine or failing to pay an imprisonment sentence. However, it is rare to come across cases where a fine and a custodial sentence is imposed simultaneously.

 

For example, under the Environmental Quality Act 1974, most of the sentences involve a fine or jail sentence, but not both.

He said there are 30 Acts of parliament related to environment in the country concerning protection of wildlife, environment, forest degradation, trading of endangered species. 

Arifin said this at the launching of a seminar on the Green (Environment) Court. Also present were Court of Appeal president Justice Md Raus Sharif and Chief Judge of Malaya Zulkefli Ahmad Makinuddin.

Forty judicial officers are attending the three day course to further create awareness and familiarise themselves with the issues at hand where an environment non-governmental organisation have been called to share their experience.

“This is to have the judges understand the parliament intention of having such legislations,” he said.

Zulkefli said the setting-up of such courts is to give priority of the cases to be heard as soon as possible.

Arifin also said environment cases are also given special codes in its listing and if there are appeal cases, they can be expedited in the High Court and the Court of Appeal.

The CJ had earlier this year, at the launching of the legal year announced the formation of special courts catering for environment, where he also blasted the sentencing disparity imposed on a man who illegally possessed a live tiger was fined RM7,000 in 2005, compared to a person stealing 11 cans of Tiger beer, where a five-year jail sentence was imposed.

Asked on the situation and disparity of the sentence now as compared to what he had said earlier in the year, Arifin said that the case shows the lack of consciousness on the need to impose a deterrent sentence.

“Environment is so sensitive as I had stressed as we may not get it again as it is. It is not for us but the future generations. You have to appreciate the environment and this is the message which we would like to convey to the public.”

Malaysia ranked 25th in EPI

The CJ said he was happy to note that Malaysia is ranked 25th out of 132 countries in the Environment Performance Index (EPI) 2012.

He said we even beat the United States which is ranked 49th and Singapore which stands at 52.

“However, our ranking on forest loss stands at number 120. There is an urgent need for everyone concerned to take a serious measure in preserving and protecting our natural environment at any cost for the sake of the future generations.

“As for the judiciary, I pledge to give our full cooperation and commitment to all the environment agencies, and that environmental issues will be our top priority,” he said.