The father of a food stall trader who was shot dead by a police officer in 2009 has won his civil suit against the police and the government.

Mohd Noorzan Abdul Rahim filed the lawsuit against corporal Abu Seman Awang and the government over the death of his son Mohamad Tawfiq Noorzan, 22, in Guar Sanji near Arau, Perlis on Nov 14, 2009.

A three-person bench of the Court of Appeal in Putrajaya chaired by Justice Vernon Ong Lam Kiat today allowed Mohd Noorzan's appeal to overturn the Kangar High Court decision on Dec 18 last year in dismissing Mohd Noorzan's civil suit.

The judge remitted the case back to the Kangar High Court for assessment of damages and set Aug 19 for mention of the case at the High Court.

The panel, which also included Justices Abdul Rahman Sebli and Dr Prasad Sandosham Abraham, also ordered the respondents to pay RM20,000 costs to Mohd Noorzan.

In his decision, Justice Vernon said it was the court's finding that the respondents failed to establish self-defence and Judicial Commissioner Zakiah Kassim had misdirected herself when she ruled that Mohd Noorzan had failed to prove his case.

In his statement of claim, Mohd Noorzan said his son died after he was shot to the chest and the respondents failed to take necessary steps to control him (Mohamad Tawfiq) without causing serious injury and death to him.

He said he was dependent on his son who contributed about RM1,500 monthly to him and his wife. He sought for special damages and general damages.

In his defence, Abu Seman claimed that the deceased had emerged from behind a tree and was seen holding a knife and had attacked him although he (Abu Seman) had asked him to stop, but the deceased ignored and continued to pounce on him.

He said he then fired a warning shot but the deceased continued to pounce which prompted him to fire a shot, hitting the deceased.

Lawyer Ram Karpal Singh represented Mohd Noorzan while senior federal counsel Ruzaimah Mohd Ridzuan appeared for the respondents.

- Bernama