GEORGE TOWN: The main contractor of the Bukit Kukus paired roads project, where a landslide claimed nine lives last October, was charged with three offences at the Sessions Court here, today.
Under the first charge, Yuta Maju Sdn Bhd is accused of failing to appoint a competent safety and health officer at the project site.
The company was charged under Section 29(2) of the OSH Act 1994.
For the second charge, the company is accused of failing to prepare a safety work procedure for lifting activities using a crane, which resulted in falling beams from Span 6, on Oct 11 last year.
The company is also accused of failing to provide engineering calculations by an accredited engineer for earth backfill works for a temporary slope, which resulted in the landslide on Oct 19, last year.
The second and third charges were under Section 15(1) of the same act.
Yuta Maju’s director Lai Sin Kian listened to all the charges and indicated that he understood.
He, however, pleaded not guilty to the charges.
Counsel S. Kanesh represented the company, while prosecution officer from the Department of Occupational Safety and Health (DOSH) Norliza Abu Othman prosecuted for the case.
Judge Mazdi Abdul Hamid, who heard the case, asked if there was a need for the court to wait for more documents to proceed with the case, to which Norliza replied in the negative.
Mazdi then fixed July 16 for next mention for submission of documents related to the charges.
Yuta Maju was also slapped with a fourth charge – Lai, as company director, is accused of failing to provide engineering calculations by an accredited engineer for earth backfill works for a temporary slope, which resulted in the landslide on Oct 19, last year.
For this charge, Mazdi granted a discharge not amounting to an acquittal (DNAA).
"We will file for a new charge," Norliza told the court.
The Penang Island City Council (MBPP) had appointed Yuta Maju as the main contractor for the RM545.6 million highway project.
On Oct 11, a crane was lifting items at the project site when it swayed and hit a beam, which then fell at a nearby site.
A major landslide followed on Oct 19, which claimed the lives of nine foreigners and injuring four others.
A stop-work order was initially issued for the project by the MBPP and DOSH while investigations were carried out by various parties including the state government.