KOTA KINABALU: The Sessions Court fined a negligent company and a contractor over the death of a toddler who fell from the fifth floor of a commercial building.
On Dec 1, 2019, the then two-year old victim fell through a gap at the building's link bridge while she was walking with her three-year-old sister.
Their mother was at the back, filming both of them.
The video and closed circuit television (CCTV) footage of the incident had gone viral and caused quite a stir among the netizens in social media.
Based on medical records, the toddler suffered multiple injuries.
The contractor Albert Voo Chun Chung, 37, was fined RM15,000 in default two months' imprisonment.
The company developer TBMC Development Sdn. Bhd. was fined RM20,000 in default, a warrant to levy will be issued to the company.
The charge stated that the company as the owner of the building and Voo as the contractor failed to securely close a gap in the connecting route between Block D and Blocks A, B and C on level 5, to prevent the risk of people from falling.
They had committed the offence on Dec 1, 2019, at 3pm at a proposed Commercial Development site of T1 Bundusan building at Jalan Bundusan, Penampang, Sabah.
The offence under Section 10 (e) Factories and Machinery Act 1967, is punishable under section 51 (2) of the same act which provides a fine not exceeding RM50,000 or jail not more than one year or to both.
The company's representative pleaded guilty before judge Elsie Primus while Voo admitted his wrongdoing before Judge Noor Hafizah Mohd Salim.
The facts of the case stated that based on investigations, the negligence in closing the gap of the bridge after maintenance work by System Mega Builder had led to the tragedy.
Sabah Occupational Safety and Health department (DOSH) received information about the incident on Dec 2, 2019.
During mitigation, the company's representative and Voo asked for leniency and informed the court that they had paid compensation to the victim's family.
Voo said that due to the incident he had no stable job.
The prosecution urged for a deterrent sentence due to the seriousness of the offence.