Housewife shot by police wins suit, awarded RM318,326

Norizan claims a police patrol car had chased the car she was in with her friends at MRR2 in 2009 before shots were fired in their direction.

KUALA LUMPUR: A housewife who was shot by the police in 2009, was awarded RM318,326 in damages by the High Court here Thursday after she won her suit for assault and battery against the police and government.

High Court Judge Datuk Hue Siew Kheng also ordered the defendants to pay RM30,000 as legal costs to Norizan Salleh, 34.

Of the total, Hue awarded RM50,000 to the mother-of-two for the pain and suffering; RM50,000 for assault and battery; RM18,326 for special damages and another RM200,000 for exemplary damages.

She said the amount for exemplary damages was to ensure public bodies did not act unlawfully.

On October 15, 2012, Norizan filed the suit naming Corporal Mohd Firdaus Rosli, attached to the Sentul police station, Sentul police chief, inspector-general of police and the Government of Malaysia as defendants.

In her brief decision, Hue said based on photographs tendered during the trial, 16 spent bullets and bullet holes were found in a car and that there was cogent evidence to sustain repeated and continuous shooting.

In allowing Norizan's claim, the judge said the shooting was not an act of self-defence or acting reasonably or following correct procedure.

"Even the Inspector-General of Police's Standing Orders (IGSO) does not allow this," she said, adding that the IGSO were used when a policeman was in danger of death.

As such, Hue said she found that the defendants had failed to establish defence of reasonable force.

The judge said she noted there was no investigation paper opened for the plaintiff's complaint and no charges were made.

Norizan, in her statement of claim, said a police patrol car, with Mohd Firdaus in it, chased the car she was in with her friends at the Middle Ring Road 2 (MRR2), before shots were fired in their direction.

She claimed the policeman in question kicked and caused her to fall down as she tried to get out of the vehicle.

As a result, Norizan claimed she was treated at the Kuala Lumpur Hospital and the National Heart Institute for 13 days for injuries to her right wrist and gunshot wound in her chest.

She also claimed that due to the incident, she found it difficult to cope with heavy work for long periods of time and eventually, lost her job.

Apart from special damages for unsettled medical bills amounting to RM18,161, she is seeking general, aggravated and exemplary damages, cost and other relief deemed fit by the court.

-- source: Bernama