GEORGE TOWN: A Sessions Court judge today reprimanded the prosecution over an error in the charge sheet in the Bukit Kukus landslide case.
Judge Mazdi Abdul Hamid said he was unhappy with the incident timeline presented in the charge sheet by the prosecution against Lin Kai Sin, the project director of the Paya Terubong paired road project in Jalan Bukit Kukus.
“Why was the time of the incident changed from 1.56pm to 6pm in the charge sheet?
“Did the incident occur at 1.56pm or 6pm? This timeline could possibly affect Lin’s defence.
“If you do not know how to draft a charge sheet, then please refer to the State Prosecution Office for help.
“I will give the prosecution time to amend the charge for this case.
“If there are any doubts such as this again, I will throw the case out,” he said.
Penang Occupational Safety and Health Department prosecuting officer Norliza Abu Othman informed the court that the time of the incident was 1.56pm but that the investigation only began at 6pm.
Mazdi said by right the time of the incident should be 1.56pm.
Giving the example of a robbery case, he said the time of the incident should be the time when the robbery took place and not the time the police began their investigation.
Lin, who was represented by S. Kanesh, was supposed to be charged under Section 15(1) of the Occupational Safety and Health Act 1994, for failing to ensure the safety, health and welfare at work of all his employees.
If convicted, Lin faces a fine not exceeding RM50,000 or an imprisonment not exceeding two years or both.
Mazdi set Sept 27 for the prosecution to submit the charge again.
The landslide which killed nine construction workers took place during the construction of the paired roads project last year.
The paired roads project is aimed at connecting Paya Terubong to Relau near here and was expected to be completed by May 2020.
The contractor, Yutamaju Sdn Bhd, was previously charged with three counts of failing to adhere to safe working procedures.
On the first charge, the company was alleged to have failed to ensure safe work procedures for lifting activities using a crane to move the beams that had caused the beam to fall from the span that was still under construction at 8.30pm on Oct 11, 2018.
For the second charge, the company through the director of the project, was accused of failing to provide engineering calculations by an accredited engineer to carry out earth backfill work for the temporary slopes resulting in a landslide at 1.48pm on Oct 19 last year that claimed nine lives.
On the third charge, the company, as a contractor appointed by the Penang City Council for the project, and as an employer, was alleged to have failed to appoint a competent security and health officer at the project site.
The company was charged under Section 29 (2) of the Occupational Safety and Health Act 1994, which provides a fine of up to RM5,000 or a maximum imprisonment of up to six months or both, upon conviction.