Fatal mall blast: Main contractor discharged not amounting to acquittal

A statue of Lady Justice. — DayakDaily.com file pic. // Photo: Pixabay

By Dorcas Ting

KUCHING, Oct 8: The Sessions Court here discharged not amounting to an acquittal the main contractor, Borneo Landmark (M) Sdn Bhd in relation to the fatal CityONE mall explosion that happened in December 2018.

Sessions Court Judge Marutin Pagan ordered the discharge as the prosecution decided to drop the case for further investigation.

Department of Occupational and Safety Health (DOSH) has charged four parties in relation to the explosion. The four accused are CityONE MC Sdn Bhd, Borneo Landmark (M) Sdn Bhd (main contractor), Sim Nyen Electronic Electrical (gas contractor) and Chia Yit Siong (sub-contractor).

They were charged under the Occupational Safety and Health Act 1994.

All four parties were charged at three different Sessions Courts and pleaded not guilty to the charges framed.

Additionally, Chia has pleaded not guilty to the charge framed today. Sessions Court Judge Marutin fixed November 1 for pre-trial case management and allowed the accused to be released on court bail of RM10,000 with two local sureties.

In the amended charge sheet against Chia, it stated that the accused as an employer, had failed to provide supervision as is necessary to ensure the safety and health at work of his employees while carrying out pipeline installation and testing work at CityONE mall, on December 4, 2018.

CityONE MC Sdn Bhd was charged under Section 18(1) of The Occupational Safety and Health Act 1994 for failing to perform duties of an occupier of a place of work to persons other than its employees, which carries a fine not exceeding RM50,000 or imprisonment not exceeding two years, or both, upon conviction.

Borneo Landmark (M) Sdn Bhd is represented by Counsel JB Singh and Alvin Yong, while officer Safwan Lokman prosecuted. — DayakDaily