Bukit Kukus landslide: Contractor files for negligent charges to be struck off

The construction site between Bukit Kukus and Bukit Paya Terubong where the landslide occurred in Paya Terubong October 19, 2018. — Picture by Sayuti Zainudin
The construction site between Bukit Kukus and Bukit Paya Terubong where the landslide occurred in Paya Terubong October 19, 2018. — Picture by Sayuti Zainudin

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GEORGE TOWN, Aug 21 — The contractor of the fatal Bukit Kukus landslide last year has filed a representation to the Attorney General’s Chambers (AGC) for the negligent charges against them to be struck off, the Sessions Court heard today.

Counsel S. Kanesh, who represented Syarikat Yuta Maju Sdn Bhd, told Sessions Court Judge Madzi Abdul Hamid that he had submitted the representation on August 8.

“We have submitted a representation to the AGC to strike off these charges against my client,” he said when the case came up for mention today.

Madzi then set September 27 for mention of the case pending a decision by the AGC on Syarikat Yuta Maju’s representation.

Yuta Maju was charged with three counts of failing to provide safe working procedures at a fatal landslide on the infrastructure project last October.

The first charge was for failing to employ a competent person to act as a safety and health officer at the place of work.

This charge is under Section 29(2) of the Occupational Safety and Health Act 1994 which carries a fine not exceeding RM5,000 or a term of imprisonment not exceeding six months or both.

The second charge was for failing to ensure safe worksite procedures when moving beams using a crane, causing the beams to fall from the span on October 11 last year.

The final charge was for failing to implement proper engineering procedures by a registered engineer to conduct backfill earthworks for the temporary slope that led to a landslide on October 19 last year.

Both of these last two charges were under Section 15 (1) of the act that stipulates every employer must ensure the safety, health and welfare at work of all his employees.

Those found contravening the provision will be liable to a fine not exceeding RM50,000 or imprisonment of not exceeding two years or both.

The fatal landslide occurred during construction of the Bukit Kukus elevated paired road project, killing nine foreign workers living on the site.

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