Kota Kinabalu: Sabah Electricity Sdn Bhd (SESB) which is charged with failing to ensure the safety, health and welfare of its employee that caused his death raised a Preliminary Objection (PO) to the charge.SESB through it counsel Rizwandean M Borhan had raised the preliminary objection before judge Elsie Primus when the case was brought up for pre-trial case management on Wednesday.
Rizwandean informed the court that the charge against SESB was defective as under Section 15(1) of the Occupational Safety and Health Act 1994, it was too general and cover too vast of area.
He then pointed out in Section 15(2) of the Occupational Safety and Health Act 1994, where the Section have subsection of ‘a, b, c, d, e’ to define the charge without prejudice to the generality meaning in subsection one (1).
Rizwandean further said that in this case (Section 15(1) of the Occupational Safety and Health Act 1994), the charge did not said which of these rules and regulations that have been breached by SESB and therefore, he said the defence want to make submission on it.
Prosecuting Officer Muhammad Fadzli Masnan from the Occupational Safety and Health Department, have no objection for the counsel to make submission.
SESB is accused of failing to ensure the safety, health and welfare of it employee, Jacklye Mairin, 32, while he was doing maintenance of changing the insulator pin at the high voltage line that caused a fatal accident.
The incident occurred at 10.32am on July 18, 2019 at the SESB twin electric poles in Kg Langkon, Kota Marudu.
The offence come under Section 15(1) of the Occupational Safety and Health Act 1994 provides for a fine of up to RM50,000, or a jail term of up to two years, or both, on conviction.
At the similar proceeding, the court asked another accused Safly Ahmad, who is SESB technician charged with failing to provide reasonable attention for the safety and health of the same employee at the same place and time, whether he has PO, his counsel Safrin Salleh said that they will reserve their right to file application to strike out the charge.
The court fixed Oct 6 for the ruling on the PO by SESB as well as for further pre-trial case management on both cases.
