CONTRACTOR for the Sungai Besi-Ulu Kelang Elevated Expressway (SUKE), Zhongshi International Sdn Bhd, should be charged with “corporate manslaughter” instead of being allowed to walk away with a paltry fine of RM45,000.
Workers Hub for Change (WH4C) which claims to represent 19 international groups and organisation said it is appalled that none of the director or officer of the construction company was charged for causing the death of three migrant workers and seriously injuring another.
In the incident which occurred on March 22, three Chinese-national workers, Wu Tongzheng, Ding Kunfu and Jiang Jinbao, died when one of the components of a launching gantry fell at the expressway’s construction site near Puncak Banyan in Persiaran Alam Damai, Cheras.
On Nov 3, the company pleaded guilty to the charge and was fined RM45,000 by the Sessions Court.
Since the company has already pleaded guilty, WH4C demanded that the directors, manager and other officers be charged, tried and sentenced in court.
“Noting that caught not wearing a face mask during the COVID-19 pandemic provides for a maximum fine of RM50,000, the maximum fine for occupational safety and health offences need to be much higher – at least RM1 mil – with even much higher fines and prison sentences if injury or death is caused by the workplace incident,” argued WH4C in a media statement.
“Justice demands an imprisonment sentence for those who failed in their duty to ensure the safety, health and welfare of their workers, noting that three (workers) died and one was seriously injured.”
Assuming that there were no intention to murder, WH4C proposed that the perpetrator should at the least be charged for culpable homicide not amounting to murder under the Penal Code where “…if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death …” [Section 304(b)].
“We call for the provision for higher penalties in the event that a worker is injured or worse, killed by reason of non-compliance of an occupational safety and health law. In some jurisdiction, the offence of ‘corporate manslaughter’ has been introduced,” observed WH4C.
Additionally, the group also called for:
- The abolition of the availability of compounds if the offence caused injury or death to worker or others.
- That the directors and officers responsible in Zhongshi International to be immediately charged and tried under occupational safety and health laws – and even for culpable homicide not amounting to murder under the Penal Code.
- That the court – after conviction – orders the convicted to pay adequate compensation to the families/dependents of the deceased workers as well as the injured worker. – Nov 9, 2021
