Project director claims trial, judge advises prosecution to amend charge
Last Update: 26/08/2019
GEORGE TOWN, Aug 26 (Bernama) -- A director in the Paya Terubong paired road project at Jalan Bukit Kukus where a landslide occurred last October killing nine workers claimed trial in the Sessions Court here today.
Lai Sin Kian, 58, stands accused as an employer of failing to ensure that a qualified engineer was at the site to oversee backfill works that allegedly triggered a fatal landslide on Oct 19, 2018 at 1.56 pm until 6 pm.
He faces a maximum fine of RM50,000 or up to two years imprisonment, or both, upon conviction, under Section 15(1) of the Occupational Safety and Health Act 1994.
However, judge Mazdi Abdul Hamid advised the prosecution to review the charge in respect of the alleged time which he said was not consistent with the time of the incident.
"Why state the time as 1.56 pm until 6 pm in the charge? Did the incident happen at 1.56 pm or 6 pm? This timeline could affect Lai's defence.
"If it is 6 pm, then it has nothing to do with the incident that claimed nine lives. The exact time should be 1.56 pm, consistent with the time of incident. I'm giving the prosecution time to amend the charge. If doubts such as this ever arise again, I will throw out the case," warned the judge.
Prosecuting officer Norliza Abu Othman from the Penang Occupational Safety and Health Department explained that the incident occurred at 1.56 pm but the investigation began at 6 pm.
The court set Sept 27 for mention.
Lai was represented by counsel S. Kanesh.