Kota Kinabalu: Sabah Electricity Sdn Bhd (SESB) was fined RM35,000 for failing to ensure the safety, health and welfare of its worker while at work, resulting in his death by electrocution.
Sessions Court Judge Elsie Primus ordered SESB to pay the fine after ruling that the prosecution had proven its case beyond reasonable doubt.
SESB paid the fine.
The utility company was found guilty of failure to ensure the safety, health and welfare of its employee, Jacklye Mairin, 32, while he was doing maintenance of changing the insulator pin at a high voltage line, causing an accident on him at the unnumbered twin electric poles of SESB.
The offence allegedly took place at Kg Langkon, Kota Marudu, at 10.32am on July 18, 2019.
The offence, 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.
However, the court freed SESB technician from the charge of failing to provide reasonable attention to the safety and health of the same victim.
Safly Ahmad was discharged and acquitted of the charge. He allegedly committed the offence at the same place and time.
Safly, 44, was charged under Section 24(1)(a) of the Occupational Safety and Health Act 1994, punishable under Section 24(2) of the same Act, which provides for a fine of up to RM1,000, or a jail term of up to three months, or both, on conviction.
Six prosecution and three defence witnesses were called to testify in the hearing.
Prosecuting officers Muhammad Fadzli Masnan and Nasir Fi’i conducted the prosecution while counsel Rizwandean M. Borhan defended the SESB and counsel Safrin Salleh for Safly.
