Ingenieur Vol 76 ingenieur 2018 October | Page 56

INGENIEUR Legal Issues in Forensic Engineering By Ir. Dr Ezzarhan bin Abdullah Deputy Director Forensic Engineering Division Department of Occupational Safety and Health, Malaysia T he forensic engineering field has become more important recently because of the many incidents related to engineering structures that have occurred. In order to manage such incidents, a number of Government agencies have been established in the forensic engineering division, such as the Department of Occupational Safety and Health (DOSH) and the Public Work Department (PWD). The purpose of these agencies may differ, depending on the objectives and enforcement of the Act by the agencies. For example, DOSH established the Forensic Engineering Division (FED) based on a Cabinet decision after an incident that occurred in December 2006 which involved high profile personalities. It is parallel with the objective of the Occupational Safety and Health Act, 1994 to secure safety and health of persons at  the workplace. Since then, the FED has investigated a lot of high profile cases including the structural failure at the Second Penang Bridge and a bulk storage tank fire at Tanjung Langsat. In addition, forensic engineering has become a priority issue due to the nature of many global catastrophes such as the crash of Air France’s Concorde which led to a major forensic engineering investigation. Most cases consume a lot of time before they are concluded, especially in the case 6 54 VOL 2018 VOL 76 55 OCTOBER-DECEMBER JUNE 2013 of large scale events. The method of investigation may differ and depends on the types of incidents. Legal  issues, especially  those related to family claims, become a major issue if they include the loss of life. From an economic perspective, many catastrophic events, such as the incident at the Jaya  Supermarket in Section  14, require  a high amount to be spent in cleaning and rebuilding the area. Therefore, there is a critical need for experts, especially  from an engineering background, to uncover the root cause of any failure or major incident. Legal Process The basic principle is that the relevant parties have to prove their case at a level required by a court. In criminal cases, the burden of proof is on the prosecution team to prove a prima facie case, while the defender or accused persons (Orang Kena Tuduh - OKT) or the summoned persons (Orang Kena Saman - OKS) have to defend themselves based on the concept of beyond reasonable doubt. However, in civil cases, both parties have to prove their case based on the balance of probabilities. Some of the cases require an expert witness to testify their opinion