RM300k award for wrongful shooting upheld
The Court of Appeal in Putrajaya has today upheld the decision of the High Court in Kuala Lumpur to award RM300,000 to a mother who was a victim of shooting by police in 2010.
The three-member panel led by Justice Abang Iskandar Abang Hashim ruled that the appellate court should not disturb the lower court's finding.
The Court of Appeal in Putrajaya has today upheld the decision of the High Court in Kuala Lumpur to award RM300,000 to a mother who was a victim of shooting by police in 2010.
The three-member panel led by Justice Abang Iskandar Abang Hashim ruled that the appellate court should not disturb the lower court's finding.
“The High Court judge has not erred in law and in the findings of fact,” said Justice Abang Iskandar, who chaired the panel in dismissing the appeal by the police and government against the judgment for claimant Norizan Salleh.
Corporal Mohd Firdaus Rosli, the Sentul district police chief, the inspector-general of police and the government were the appellants in the case.
The other judges on the panel are Justices P Nalini and Dr Prasad Sandosham Abraham.
They also ordered police and government to pay RM10,000 in costs to Norizan.
Norizan, 35, sustained five gunshot wounds from five out of 16 bullets fired by the police on the car she was in.
Police kicked her abdomen
Despite suffering from the injuries, the police, instead of helping her, kicked her in the abdomen.
The incident took place near the Middle Ring Road II (MRR II) in the early morning.
On Sept 4, 2014, High Court judge Hue Siew Kheng awarded Norizan more than RM300,000 in damages following her traumatising experience.
In her judgment, Justice Hue criticised the police for not abiding by the Inspector-General's Standing Orders (IGSO) by resorting to shoot first, rather than trying to stop the vehicle that Norizan ( right in photo ) was in.
She said the conduct of the police in opening fire at the car was not reasonable and unjustified.
“The IGSO states that shooting should only be used as a last resort when there is an imminent danger to life or grievous hurt,” Justice Hue said in her grounds of judgment.
The High Court awarded Norizan RM200,000 in exemplary damages, RM50,000 as general damages and RM50,000 for assault and battery.
It further awarded RM18,326 as special damages for the medical expenses she had to undergo and RM30,000 as costs.
Norizan was represented by N Surendran and Latheefa Koya while senior federal counsel Rozilawati Ab Ghani and Wan Suhaila Mohamad appeared for the appellants.
Report this comment


Are you sure you want to delete this comment?
This action cannot be undone.