GEORGE TOWN, Oct 26 — The developer of the Granito housing project in Tanjung Bungah where a fatal landslide occurred last year should also be charged over the incident, Penang Forum said today.

Penang Forum’s Khoo Salma said only the main contractor of the project was prosecuted under Section 15(2) of the Occupational Safety and Health Act 1994 for safety violations.

"They were only fined RM35,000 by the court over safety violations when 11 people died in the incident,” she said during a peaceful gathering in front of City Hall today.

She claimed that the developer was not charged due to a loophole in the Occupational Safety and Health Act.

"In fact, the developer could be charged under the Street Drainage and Building Act 1974 Act 133, Section 71 for failure of building or earthworks, during construction or after completion,” she said.

The section stipulates that if the cause of such failure is due to misconstruction or the lack of proper supervision during construction, those liable will face the maximum penalty of RM500,000 or 10 years imprisonment, she said.

Sahabat Alam Malaysia’s Secretary Meenakshi Raman, who was also present, expressed her shock at the RM35,000 fine imposed on the main contractor.

She said such a small sum is not enough to deter contractors and developers from repeating the same mistakes.

When asked later to comment on this, Penang Chief Minister Chow Kon Yeow said the RM35,000 fine was what the courts’ saw fit to impose.

"This was a decision by the court. It is the court’s authority to decide on the sum,” he said.

The landslide occurred at the Granito housing project in Tanjung Bungah on October 21 last year, killing 11 workers on site.

A royal commission of inquiry was held on the incident but its findings are yet to be released.

However, the main contractor was charged in court over the incident and the Sessions Court fined the contractor RM35,000 in its decision early this week.

Earlier today, Khoo met with Penang Island City Council (MBPP) Mayor Datuk Yew Tung Seang to voice the group’s views on the recent Bukit Kukus landslide.

Khoo also asked if the city council has blacklisted any consultant engineers or contractors following the Tanjung Bungah landslide.

"We need strict penalties against them, such as blacklisting them, so as to stop them from making the same mistakes again,” she told Yew.

Yew replied that the findings of the inquiry have yet to be released.

"We will first look at the findings of the inquiry before making any decision on this,” he said.

The Bukit Kukus landslide occurred on October 19, almost a year after the Tanjung Bungah landslide.

The Bukit Kukus landslide, which killed nine workers, occurred at the construction site of a paired road project.

Various investigations by state and federal agencies have been launched to determine the cause and pinpoint those responsible for the incident.

MBPP has also launched its own internal inquiry and Yew has assured the civil society and public that they will "leave no stone unturned” in the investigations.