[1] This is an appeal by the Appellant against the order of the learned Sessions Court Judge (SCJ) in discharging and acquitting the Respondent at the end of the defence case for an offence under s 15(1) of the Occupational Safety and Health Act 1994 (OSHA).

[2] The brief facts of the case is that on the 6th October 2010, the Department of Occupational Safety and Health (DOSH) received a complaint about an incident occurred at Sri Kamusan on the 5th October 2010, about 5 pm. On the 7th October 2010, two officers from DOSH went to Sri Kamusan Estate to conduct accident investigation. From their initial investigation, it was found out that:-

(i) The accident involved one victim, that was the late Junaidi bin Maswan (the deceased);

(ii) Before the acci