THE George Town Sessions Court today fixed September 27 for the mention of a case involving the construction company responsible for the Paya Terubong Paired Road project at Jalan Bukit Kukus, where a landslide occurred killing nine foreign workers on October 19 last year.

Judge Mazdi Abdul Hamid set the date after lawyer S. Kanesh, representing Yuta Maju Sdn Bhd, informed the court that the defence was still awaiting response from the Attorney-General’s Chambers on their letter of representation for the charges against the company to be dropped.

On July 2, Yuta Maju Sdn Bhd, represented by its director, Osmeera Mamat, pleaded not guilty to three counts of failing to provide safe work procedures at the construction site.

On the first charge, the company  was alleged to have failed to provided safe work procedures for lifting of beams using a crane which resulted in the beams falling onto an area which was still under construction at 8.30 pm on October 11.

For the second charge, the company, as the employer, was charged with failing to provide engineering calculations by an accredited engineer for backfilling works of temporary slopes, resulting in the landslide at 1.48pm on October 19 that claimed nine lives. 

The two charges were framed under Section 15 (1) of the Occupational Safety and Health Act 1994, which carries a fine of up to RM50,000 or imprisonment  for up to two years or both, upon conviction.

On the third count the company, as a contractor appointed by the Penang City Council for the project, was charged with failing to appoint a competent security and health officer at the project site.

The charge under Section 29 (2) of the Occupational Safety and Health Act 1994 carries a maximum fine of RM5,000 or imprisonment of up to six months or both, upon conviction. – Bernama, August 21, 2019.