Shooting of trespassers wrong, say lawyers
The point-blank shooting of labourer Mohd Ridzuan Mat Nor, allegedly done by an army personnel, is unlawful, even if he was allegedly trespassing at an army facility, several lawyers contacted by malaysiakini.said today.
Mohd Ridzuan, 25, claimed in a police report lodged last Saturday that he was shot three times from behind by someone whom he described as an army personnel for allegedly trespassing at an army supply depot along Jalan Kuching in Kuala Lumpur.
According to his lawyer, N Surendran, medical reports prove that Mohd Ridzuan was shot thrice.
Ridzuan in the police report said he was shot once at the left leg near the knee from behind while another two shots were fired at his right leg after he fell to the ground.
It is learnt that police have not arrested the alleged shooter. The sole arrest made in relation to the case was, in fact, of Ridzuan on Dec 5 last year, several hours after the alleged shooting. He was remanded for 12 days to facilitate investigations for alleged trespass.
Human rights lawyer Amer Hamzah Arshad, when contacted, said it was not the function of the army to discharge firearms upon civilians except during times of war, violation of curfews or in the unlikely event of a military coup.
No arrests
"Trespassers (into an army facility) can only be prosecuted by the army. Even the police cannot shoot an unarmed person trespassing at Bukit Aman (the national police headquarters)," he said.
Surendran agreed, adding that Ridzuan, who claims he was unarmed at the time, should merely be apprehended for the alleged trespass and handed over to the police.
The lawyer said army personnel, police and civilians licensed to carry firearms are only allowed to discharge their weapons under very specific circumstances.
"Even then, there should be a warning shot first," he said.
He said he believes that the army personnel who allegedly shot Ridzuan could be charged with causing grievous hurt or discharging a firearm without just cause.
Ridzuan's other legal advisor Sivarasa Rasiah, pointed out that five days have passed since the police report was made but details of the investigation have not been made known.
"The police are making a joke out of the situation. They arrest the person who was shot, but after this victim makes a police report, no arrests have been made," said Sivarasa. ,
Asked if he was absolutely certain that alleged shooting took place outside the depot as claimed by Ridzuan, Sivarasa said, "... the army might insist that the trespass took place. Let them prove it".
Permanently disabled?
Ridzuan said that he was on the way home on the morning of the shooting when he and a friend decided to salvage disused telephone wires left outside the depot.
However, they were approached by two individuals described in the police report as army personnel. He claims that they fired three shots in their direction causing them to flee in different directions.
But when the two alleged army personnel caught up with Ridzuan, he claims he was ordered to take off his shirt and shot from behind by an alleged army personnel with a pistol.
Ridzuan is currently resting at home. He is expected to undergo surgery in two weeks time.
His father, Mat Nor Salleh, 72, told reporters on Saturday that doctors warned of a possibility that he might be disabled permanently as the bullets had shattered his bones.
The police report was lodged at the Sentul district police station. Sentul OCPD A Thaiveegan could not be contacted for comments.
A scheduled meeting this morning between Ridzuan and his lawyers with Thaiveegan was called off at the last minute.
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