Friday 29 Mar 2024
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PUTRAJAYA: The Court of Appeal upheld yesterday the High Court’s finding that police had breached its standard operating procedure in the shooting of a single mother during a car chase six years ago.

A three-member bench led by Datuk Abang Iskandar Abang Hashim said the trial judge did not err in fact and law in awarding damages to 34-year-old Norizan Salleh.

“We are also not disturbing the award of damages by the High Court,” he said.

Last October, Judge Datuk Hue Siew Kheng awarded Norizan RM200,000 in exemplary damages to punish unconstitutional action by public servants.

Hue also ordered RM100,000 in general damages and a further RM18,000 to cover medical expenses. Yesterday, the bench also awarded RM10,000 in costs to Norizan.

Lawyer N Surendran, who represented Norizan, later told reporters the appellate court’s decision was significant as policemen could no longer discharge their firearms indiscriminately unless there was a threat to the lives of the police or public.

“This ruling is an indictment of the police force for the use of excessive force,” said Surendran, who was assisted by Latheefa Koya. Surendran, who is Padang Serai member of parliament, also questioned why the policemen who shot Norizan were not charged with a criminal offence.

“I urge the Inspector-General of Police to reopen the case on the shooting of Norizan,” he said.

Hue said the exemplary damages were made as a lesson to civil servants, especially policemen, not to take their profession for granted.

She said the shooting was “unlawful and unjustified” as evidence showed that the police officers had fired into the car instead of the air as claimed.

Norizan filed the suit against the police and the government for assault and battery in October 2012 and named the Sentul police chief, Inspector-General of Police and a police officer as defendants. In her statement of claim, she said at 4am on Oct 30, 2009, a police patrol approached the car in which she was a passenger and the police officer suddenly opened fire, injuring her wrist, arm and chest.

Norizan said when the car stopped, she tried to get out but was kicked back into the vehicle. She added that she was stepped on when she crawled out of the vehicle. On Nov 11, 2009, she lodged a report at the Kepong police station, claiming the defendants had assaulted her.

Norizan said she hoped Putrajaya would not appeal the case to the Federal Court. — The Malaysian Insider

 

This article first appeared in The Edge Financial Daily, on April 16, 2015.

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