GEORGE TOWN: A RTM part-time cameraman who was wounded during a shooting incident at the Tun Dr Lim Chong Eu Expressway three years ago was awarded a total of RM114,470 in damages by the High Court here.
Mohamed Amirul Amin Mohamed Amer, 31, filed a civil suit on June 1, 2018, against bodyguard Ja’afar Halid, 40, and GMP Kaisar Sdn Bhd in a vicarious liability suit.
High Court judge Justice Hadhariah Syed Ismail ordered GMP Kaisar to pay special damages of RM14,470, general damages of RM70,000 and RM30,000 in cost.
Justice Hadhariah said she could not accept the argument of the company – the second defendant – that Amirul was at the scene on Dec 1, 2016, knowingly when there was shooting in progress.
“I accept the plantiff’s statement that he was there to assist another man thinking that it was an accident, and would have fled if he knew the first defendant Ja’afar Halid had a gun,” she said.
She said the Home Minister’s standing orders were clear saying that companies whose employees were carrying firearms must be constantly monitored, which GMP Kaisar had failed to do.
During the incident, Amirul, who stepped down from his motorcycle to help, thinking that it was an accident, was shot in the chest and shoulder area.
A consultant psychiatrist had testified during the trial that Amirul was suffering from post-traumatic stress disorder, withdrawal symptoms and nightmares from the incident.
Ja’afar declined to give evidence at the trial although he was invited to do so.
In the shooting incident at around 7.15pm near the Penang Bridge, Ja’afar allegedly shot and killed Datuk Ong Teik Kwang, 32, Senthil Murugiah, 38, and Choi Hin Ming, 32.
He claimed trial to three counts of murder and five counts of attempted murder.
Amirul was represented by lawyers K. Simon Murali and Kok Yuen Lim while Mohammad Nor Azam Rashid and Samry Masri acted for GMP Kaisar.
Mohammad Nor Azam said he would wait for instructions from his client whether they were going to appeal.