MONARCH LODGE DEVELOPMENT SDN. BHD.

MONARCH LODGE DEVELOPMENT SDN. BHD.

The court found the prosecution proved beyond reasonable doubt that Monarch Lodge’s excavation works exposed and caused damage to TM’s 9-way and 6-way ducts and cables and that, notwithstanding prior utility mapping or cable age, the developer bore responsibility to protect/relocate the utilities; accordingly the defendant was guilty under section 235 CMA 1998.

Citation
NA-63-307-10/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Defendant: Monarch Lodge Development Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 May 2024
Case Number
NA-63-307-10/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Conviction and Sentencing; Appeal Filed
Outcome
guilty
Legal Topics
Damage to Network Facilities, Negligence, Wilful Damage, Utility Relocation Obligations, Evidentiary Weight of Photographs and Reports
Source Language
Malay/English
Communications and Multimedia Act 1998 Criminal Law Telecommunications Regulation Damage to Network Facilities Negligence Wilful Damage Utility Relocation Obligations Evidentiary Weight of Photographs and Reports

Case Brief

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Parties

Pendakwa Raya

Prosecutor

Monarch Lodge Development Sdn Bhd

Defendant

Procedural Posture

Criminal / Trial Conviction and Sentencing; Appeal Filed

Legal Issues

  1. 1 Whether the defendant damaged network facilities contrary to section 235 CMA 1998
  2. 2 Whether the defendant acted wilfully, dishonestly or negligently in excavating the site
  3. 3 Causation between defendant's excavation and the damage to TM ducts/cables

Ratio Decidendi

The court found the prosecution proved beyond reasonable doubt that Monarch Lodge’s excavation works exposed and caused damage to TM’s 9-way and 6-way ducts and cables and that, notwithstanding prior utility mapping or cable age, the developer bore responsibility to protect/relocate the utilities; accordingly the defendant was guilty under section 235 CMA 1998.

Court Disposition

guilty

Orders

  • Convicted under section 235 Communications and Multimedia Act 1998
  • Fine of RM60000 imposed