The Shah Alam High Court today found Putrajaya and the police liable for the unlawful shooting of a container equipment operator six years ago and awarded him RM30,000 in costs.
Judge Datuk Hanipah Farikullah said it was unreasonable for police constable Mohd Bukhari Mat Noh to shoot Shahril Azlan Ahmad Kamil as there was no life threatening situation.
“It is unreasonable for D5 (fifth defendant) to shoot in self defence as there was no life threatening situation.
“The plaintiff has successfully proven assault and battery,” she said when delivering judgment.
Hanipah also allowed Shahril to claim general damages for assault and battery, which will be assessed later.
In his suit filed in 2009, Shahril named as defendants Shah Alam district police chief, the inspector-general of police, the Malaysian government, constable Nazli Basri and Bukhari.
Shahril’s lawyer Latheefa Koya said later that the judge ruled that it was not right for a policeman to shoot when the officer’s life was not in danger.
She said the judge was referring to the Inspector-General’s Standing Order which allowed a police officer to shoot only if his life or someone else’s was in danger.
“But the judge said it was very clear that no shooting came out from his (Shahril) car,” said Latheefa.
Shahril, 30, who is at risk of being paralysed due to a bullet lodged in the left side of his rib cage, told reporters outside the court that he was grateful he had finally won his law suit.
“I thank my family and siblings for always being there to support me. And I hope PDRM can improve police integrity,” he said.
He expressed gratitude to his employer for allowing him to do light work for the past three years.
He said the money he would receive from the general damages would provide some security for his family.
“Because we do not know how it will affect my health in future,” said the father of two.
Shahril was shot when he evaded a police roadblock on April 16, 2009 as he was driving home with his friend at around 11.30pm. He decided to avoid the roadblock because his car’s road tax had expired. – May 29, 2015.
BY MELATI A. JALIL, The Malaysian Insider