In February 2021, fire damaged the Penang Bridge, one of Malaysia’s most important pieces of public infrastructure. More than five years later, the High Court of Malaya has ruled on its cause, ordering Tenaga Nasional to pay RM10.5 million (US$2.6 million) to Projek Lebuhraya Usahasama.
The court heard two explanations. One was that an external rubbish fire, started by a discarded cigarette, was to blame. The other was that electrical arcing, associated with existing mechanical damage to high-voltage cables, caused the fire. The court rejected the first and accepted the second.
Having given evidence that played a key role in the court’s assessment, I believe the court’s reasoning holds a clear lesson for insurers and claims professionals across the region: early evidence capture is critical in complex fire losses.
The scene is the evidence
The court placed significant weight on evidence gathered during the immediate site investigation. I attended the scene with an electrical engineer, and we examined and documented the physical evidence before site conditions changed. That evidence matched automated fault records and was supported by damage observed on surviving cable sheaths.
That combination matters. A theory can seem persuasive on paper long after an event, but a conclusion based on direct physical examination and tested against independent data carries weight.
Moreover, investigation scenes are often quickly altered post-event: debris is cleared, structures are made safe, repairs start, and weather takes over. Once this occurs, critical questions in disputes often can’t be answered.
Early attendance should be standard practice
Sometimes, forensic attendance on complex losses is treated as a discretionary cost, commissioned only once a dispute looks likely. By then, it can be too late. International forensic standards recognise that the treatment of an incident scene predetermines the quality and quantity of information later available as evidence in court.
The scene should therefore be recorded before anything changes. That means agreeing with the parties that clearance and repairs wait until it has been documented and relevant items retained, with a clear chain of custody.
Fault records, maintenance logs and system data can corroborate physical findings, so they should be requested early in proceedings.
Above all, the investigation must stay evidence-led, capturing everything, including what does not fit the expected explanation. Any gaps are exactly what another expert will find.
This doesn’t just apply to cases that end up in court. Most disputes settle, and parties negotiating from well-documented evidence are in a stronger position to reach a fair outcome.
A high bar for infrastructure operators
The decision also reinforces the high standard of care associated with managing high-voltage electrical infrastructure. Where those systems sit alongside public assets such as a major bridge, the consequences of failure extend well beyond the operator.
For insurers on both sides of such risks, the condition and maintenance of electrical systems will be central to any causation dispute. That evidence, too, is best captured early.
Getting it right at the start
This matter demonstrates why early attendance can be critical in complex fire investigations. Examining and documenting physical evidence at the scene provides a stronger foundation for understanding what occurred and for assisting the court.
Desktop analysis and expert debate have their place. But they are only as good as the evidence underneath them, and that evidence is at its most complete in the first days after a loss.
Anand Ghnavello is director of forensic services for Asia at Halliwell and is a certified fire and explosion investigator.
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Fire losses: Penang Bridge ruling shows why the first days on site matter most
Anand Ghnavello, Halliwell