
Kota Kinabalu: Sabah Electricity Sdn Bhd (SESB) was ordered to enter its defence on a charge of failing to ensure the safety, health and welfare of a worker while at work, resulting in his death by electrocution.
Sessions Court Judge Elsie Primus made the order against SESB after ruling that the prosecution had established a prima facie case against the utility company which was represented by its area manager.
The court set Sept 19-20 for the defence of SESB.
SESB is accused of failing to ensure the safety, health and welfare of its employee, Jacklye Mairin, 32, while he was changing the insulator pin at a high voltage line, causing an accident at the twin electric poles belonging to SESB.
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The offence under Section 15(1) of the Occupational Safety and Health Act 1994 which provides for a fine of up to RM50,000, or a jail term of up to two years, or both, on conviction.
The court also ordered a SESB technician to enter his defence on a charge of failing to provide reasonable attention to the safety and health of Jacklye.
Safly Ahmad’s defence had been fixed on Sept 27.
He allegedly committed the offence at the same place and time as SESB.
Safly, 43, was charged under Section 24(1)(a) of the Occupational Safety and Health Act 1994, punishable under Section 24 (2) of the same Act which provides for a fine of up to RM1,000 or jail term of up to three months or both, on conviction.
Prosecuting Officers Muhammad Fadzli Masnan and Jinurah Sintian conducted the prosecution while counsel Rizwandean M. Borhan defended SESB and counsel Safrin Salleh for Safly.
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