Thursday, September 04, 2014

Victim of police shooting awarded RM300K by Malaysian High Court

Court awards RM300k for wrongful shooting

In a landmark decision today, the High Court in Kuala Lumpur awarded more than RM300,000 in damages to police shooting victim Norizan Salleh.

Judge Hue Siew Kheng also ticked off the police for not abiding with the Inspector-General Standing Orders (IGSO) by resorting to shooting first, rather than trying to stop the vehicle that Norizan was in.

Justice Hue 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,” she said.

"Hence the court awards RM200,000 in exemplary damages, RM50,000 as general damages and RM50,000 for assault and battery."

The court also awarded RM18,326 as special damages for the medical expenses she had to undergo, besides RM30,000 as costs to Norizan.

Justice Hue ruled the policemen failed to establish the defence of reasonable force.

'A reminder not to act unlawfully'

In ruling for the award of exemplary damages, she said this was to serve as a reminder to public bodies not to act unlawfully.

The judge also reprimanded the police for not investigating Norizan's police report.

Norizan had named Corporal Mohd Firdaus Rosli, the Sentul district police chief, the Inspector-General of Police and the government as defendants in her suit.

It was reported that Norizan, now 34,  was seriously hurt when five bullets struck her body after police fired at the car she was in with two others near the Middle Ring Road II in late 2009.

Altogether, 16 bullets were fired by the police on the car and when she sought for help from the police after she was hurt in the chest and wrist, the police kicked her in the abdomen.

Norizan, was present in court with her mother, Siti Alimah Abu, and husband Ridzwan Zakaria.

The mother of two children said she felt vindicated with the award as a result of the injuries she suffered.

“I asked my mother to accompany me in court today, for she accompanied me when I sought for help.”

This is the first case of wrongful shooting by the police in which such a large amount has been awarded as damages.
-Malaysiakini, 4/9/2014, Court awards RM300k for wrongful shooting

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