SHAH ALAM: A policeman was wrong to shoot a container equipment operator during a roadblock six years ago, the High Court ruled.
The victim, Shahril Azlan Ahmad Kamil, 30, won the civil suit that he filed against policeman Mohd Bukhari Mat Noh, who was a constable during the incident.
Justice Hanipah Farikullah said the policeman had failed to prove that his life was in danger when he used his weapon.
“When he fired the shot, he did not see the plaintiff take out any weapon,” she said.
She said Mohd Bukhari told the court that he fired at a tyre of Shahril Azlan’s car but the slug ricocheted to the victim.
According to the Inspector-General of Police’s (IGP) Standing Order, a policeman was allowed to use his firearm only when his life or that of others was in danger, Justice Hanipah said.
She said the shot hit Shahril Azlan in the shoulder and the slug was still lodged in his body.
She awarded him general damages for the injury, the amount of which will be assessed later.
But she did not grant aggravated and exemplary damages because he had reversed his car in an attempt to avoid the roadblock.
She also did not award RM18,120 in special damages that was claimed by Shahril Azlan for the repair of his car and loss of income for 15 months due to the injury.
Justice Hanipah also held the IGP and the Government liable for the conduct of Mohd Bukhari and the other policeman manning the roadblock.
She ordered the authorities to pay RM30,000 in costs.
Shahril Azlan and a friend were in his car driving from Section 7 in Shah Alam towards Rantau Panjang, Klang, at about 11pm on April 16, 2009, when the incident happened.
After hearing the decision, Shahril Azlan was glad the court ruled in his favour but said that the incident was not over for him.
He said the slug was still lodged in his backbone. He risks becoming paralysed if he tries to have it removed.
He added that he was also so traumatised by what happened that the sound of a backfire or firecrackers scared him.
“I am extra careful now at roadblocks,” said Shahril Azlan, the father of two girls aged one year and six months.