KOTA KINABALU: The Sessions Court here yesterday fined a Korean-owned construction company RM23,000 for two charges under the Factories and Machinery Act 1967.
On the first charge, Judge Azreena Aziz fined Iwi Global Sdn Bhd RM8,000, in default, two months’ imprisonment after its director Lee Yoong Suu who appeared in court, pleaded guilty to failing to ensure that an internal combustion engine was being operated under supervision of a certified engine driver.
The offence, under Section 29 (1) of the Factories and Machinery Act 1967, was committed at the construction site of the Sabah Oil Gas Terminal project, at Km 53 Papar-Beaufort Highway, on September 12, 2012 and is punishable with a fine up to RM50,000 and also liable to a one year’s jail upon conviction.
On the second charge, Azreena fined the company RM15,000, in default, three months’ imprisonment after the accused admitted to installing an internal combustion engine at the same place and time without the written approval from an appointed inspector.
The company was charged under Section 36 (1) (a) of the same act which carries a maximum RM100,000 fine, and also liable to a jail term of up to two years, on conviction.
The facts of the case revealed that a 20-year-old male was electrocuted while doing radiographic work at the construction site due to an electrical leakage from the machinery owned by Iwi Global Sdn Bhd.
The Sabah State Department of Occupational Safety and Health’s prosecuting officer Nik Firdaus Nik Hadi told the court that the victim’s death was due to the accused’s recklessness, adding that the incident had interfered with the mega project’s progress.
The prosecution urged the court to take into account the victim’s family who had lost their source of income while having suffered mental trauma because of the incident.
Lee, unrepresented, mitigated that he took full responsibility for the offences and apologized to the court.