T1 Bundusan incident regrettable – MP

0

Chan

KOTA KINABALU: Democratic Action Party (DAP) Member of Parliament for Kota Kinabalu Chan Foong Hin urged parties involved to let the police and local council to do their investigations thoroughly and come up with their respective reports on the incident where a toddler died after falling from the fifth floor of a building in Bundusan.

Chan, who is DAP Sabah Secretary, also called upon the related authorities to speed up investigations into the tragic incident.

In a statement here yesterday, Chan said he took the developer cum management company of the building where the accident happened to task and was of the opinion that stern action must be taken against them if they were found to have breached Standard Operating Procedure (SOP) for the carrying out construction and renovation works in accordance with the licence and permit issued by Majlis Daerah Penampang.

The developer of T1 Bundusan also acts as the management body pending issuance of subsidiary title, he claimed.

Chan said that T1 Bundusan was reported to have received its Occupancy Certificate (OC), including for the building’s link-bridge, from the local council Majlis Daerah Penampang on January 29 2018. In issuing the OC, the building has been certified safe for occupation by the council.

“The link-bridge has been previously certified safe. The question is why is there suddenly a big gap at the end of the link bridge? Did someone tamper with the finished bridge? Is it part of the construction of the adjacent building?” questioned Chan.

Chan further noted that even for any constructions, there are established Standard Operating Procedure (SOP) for the carrying out of construction and renovation works in accordance with the licence and permit issued by Majlis Daerah Penampang.

“Stern action has to be taken against rhe developer if they are found to have breached the SOP, and I am very sure that leaving such a sizable gap in the flooring at the end of the walkway without putting up any warning signage and yet opening it to the public amounts to a breach of SOP because it has without doubt created a dangerous environment,” said Chan.

He added that besides the above criminal liability, the developer also has a duty of care under the tort of occupier’s liability and the family of the deceased toddler may mount a civil action against it  for damages.

“The developer may be liable to pay damages if they are found to have breached their duty under the tort of occupier’s liability. Also worth pointing out is that the federal government had earlier this year amended the Civil Law Act 1956 and increased bereavement damage payment from RM10,000 to RM30,000,” said Chan who added that the additional sum would definitely help the grieving family.

Chan noted that even prestigious malls in other parts of Malaysia like The Gardens Mall near Mid Valley and Kenanga Wholesale City in Kuala Lumpur had such incidences of children falling to their death, and that it is regrettable that such incidences had occurred once again in Sabah.

“Accidents can happen anywhere, whether at home and especially in a public environment where there are many people confined in a distracted environment. Therefore, it is important for parents to always be vigilant with their

children’s activities and ensure that they are safe at all times,” said Chan.