Kota Kinabalu: The High Court on Friday allowed Sabah Electricity Sdn Bhd’s (SESB) appeal against its conviction and RM35,000 fine for failing to ensure the safety, health and welfare of a worker whose death resulted from an electrocution incident.
Judicial Commissioner Dayang Ellyn Narisa Abang Ahmad set aside the Sessions Court’s conviction and sentence imposed on April 5, 2024, and acquitted and discharged SESB of the charge under Section 15(1) of the Occupational Safety and Health Act 1994.
The Court also ordered that the RM35,000 fine paid by SESB following its conviction be refunded.
SESB had appealed against the Sessions Court’s decision, in which it was found guilty of failing to ensure the safety, health and welfare of its employee, one Jacklye Mairin, 32, while he was carrying out maintenance work to replace an insulator pin on a high-voltage power line.
The accident occurred at the unnumbered twin electricity poles at Kg Langkon, Kota Marudu, at 10.32am on July 18, 2019, where Jacklye died after being electrocuted.
On April 5, 2024, the Sessions Court had ruled that the prosecution had proved its case beyond reasonable doubt and imposed a RM35,000 fine on the utility company.
The charge, under Section 15(1) of the Occupational Safety and Health Act 1994, carries a fine of up to RM50,000, a jail term of up to two years, or both, on conviction.
Counsel Datuk Rizwandean Bukhary M. Borhan, together with Elhanan James, appeared for SESB, while Deputy Public Prosecutor Dacia Jane Romanus, represented the Department of Occupational Safety and Health Sabah.
