KUCHING: Two companies which were supposed to be charged in court yesterday in connection with the fatal blast at CityONE Megamall here last December, had their cases postponed due to issues with the charges presented by the Department of Occupational Safety and Health (Dosh).
Sessions Court judge Dayang Ellyn Narisa Abang Ahmad set Sept 24 for remention of the case she (judge) and the accused, who is a director of Cityone Mc Sdn Bhd, were both unable to understand the contents of the charge presented by the prosecuting officer from the department.
“If the charge presented is not clear, the accused will not be able to understand the nature or content of the charge. Thus, the charge today (yesterday) will be read as a tentative charge and no plea will be recorded from the accused,” said Dayang Ellyn, who then instructed the prosecuting officer to prepare a clearer and more detailed charge.
In another Sessions Court, a similar situation took place before Judge Marutin Pagan in the case against the main contractor, Borneo Landmark (M) Sdn Bhd.
Lawyers J.B Singh and Alvin Yong, who are representing the two companies, told the court that they were unable to understand the nature of charge presented against Borneo Landmark.
Singh said the charge was presented under Section 15 of the Occupational Safety and Health Act 1994, but the prosecuting officer did not specify the sub-section which the charge fell under. Marutin then set Oct 8 for remention of the case pending a new charge.
Meanwhile, two other cases against a sub-contractor and an electrical company over the same incident will be presented at the Sessions Court on Sept 23.
On Dec 4 last year, three persons were killed and 41 injured – four seriously – when a gas explosion occurred during renovation works at a new food outlet on the ground floor of the mall. The three killed were O Kui Lim, 49, from Batu Kawa; Tchee Kiam Jong, 24, from Stutong; and Chin Hsien Loong, 29, from Butterworth, Penang.