KUALA LUMPUR - A housewife who survived being shot in the lung by police in 2009, has been awarded more than RM300,000 (S$118,00) in damages by a High Court here.
Norizan Salleh had filed the suit against the police and the Government for assault and battery.
High Court judge Justice Hue Siew Kheng awarded Norizan RM50,000 in General Damages for the pain and suffering; assault and battery for RM50,000; RM200,000 in exemplary damages to ensure public bodies did not act unlawfully and RM18,326 for the medical bills.
Justice Hue also instructed the defendants to pay RM30,000 cost to Norizan.
She said the evidence from the photographs tendered in court, she found that the police had shot at the car as justified and there was factual evidence to prove the repeated shootings.
She said there were many bullet holes on the car and 16 bullets were recovered.
"Even with the intention to stop the car, it is not an act of self defence and not a correct procedure.
"Even the Inspector General Standing Order (IGSO) does not allow this," she said when delivering her judgement Thursday.
Justice Hue added that the IGSO was used only when in danger of death and grievous injury and the court noted that there was no investigation papers opened into the incident and no charges were made.
"As such, I find that the defendants failed to establish defence of reasonable force and I, now, allow the plaintiff's (Norizan) claim," she said.
In her suit filed on Oct 15, 2012, Norizan Salleh claimed that police had fired at her without any justification.
The mother of two, named the officer who allegedly shot her, Mohd Firdaus Rosli, the Sentul district police chief, the Inspector-General of Police and the Government as defendants.
In her statement of claim, Norizan said that at 4am on Oct 30, 2009, a police patrol approached the car in which she was a passenger and that Mohd Firdaus suddenly opened fire, injuring her wrist, arm and chest.
She claimed that when the car stopped, she tried to get out but was kicked back into the vehicle by Mohd Firdaus, who also stepped on her when she crawled out of the vehicle.
She was then taken to Hospital Kuala Lumpur (HKL), where she underwent surgery.
Norizan said she also had surgery at the National Heart Institute (IJN), where a bullet was removed from her lung.
On Nov 11, 2009, she made a report at the Kepong police station, claiming the defendants assaulted her.
A medical report by HKL dated May 12, 2010, noted that Norizan had puncture wounds on her wrist, forearm, right arm and chest, adding that a bullet was lodged in her lung.
Norizan, who claimed that she has breathing problems and could not carry heavy objects, is seeking for RM18,326 in special damages.
Senior Federal Counsel Wan Suhaila Mohd acted for the defendants and counsels N. Surendran and Latheefa Koya acted for Norizan.