File photo for illustration purposes
GEORGE TOWN: RTM cameraman Mohamad Amirul Amin Mohamed Amer, who was injured in a shooting incident at the Tun Dr Lim Chong Eu Highway near here three years ago was awarded a total of RM114,470 in damages and cost after winning the lawsuit he filed against the security company and its employee involved in the incident.
Judge Datuk Hadhariah Syed Ismail ordered GMP Kaisar Security (M) Sdn Bhd, which was named as the second defendant, to pay to Mohamad Amirul Amin RM70,000 in general damage, RM14,470 in special damages and RM30,000 in cost.
In her judgement, Hadhariah said the company should be held responsible for the injuries sustained by the plaintiff as it should have ensured that the pistol provided to its employee, a bodyguard Jaafar Haalid, who is also the first defendant in the case, was used in a right and responsible manner.
“In this case, it was the company that hired the first defendant and provided him with the pistol and this is a risk that can be anticipated. I rejected the company’s defence in saying that they did not know because the first defendant was hired two days prior to the incident. They cannot say they did not know, they should be more responsible,” she said.
She said the court also found that the company’s defence in blaming the cameraman for wanting to help other victims during the shooting incident unreasonable.
“If the plaintiff had seen the first defendant holding a pistol, he surely would not have gone to the scene,” she said.
Besides, Hadhariah said the second defendant was found to have sent the pistol used by the first defendant to a scrub metal company without complying with the guidelines set by the Home Ministry.
Mohamad Amirul Amin filed the lawsuit on June 1, 2018, claiming that he was shot by the first defendant while trying to help an injured person, whom he thought was a victim of a road accident, during the shooting incident on Dec 1, 2016.
In his claim, the cameraman claimed that the first defendant had used a Glock pistol and shot his employer dead before firing several more shots which killed two other persons and caused severe injuries to four others, including himself.
Mohamad Amirul Amin sought general gamages, special damages for pain and sufering, aggravated damages and other relief deemed fit by the court.
He was represented by lawyer Simon Murali, while the GMP Kaisar Security (M) Sdn Bhd was represented by lawyers Mohamad Nor Azam Rashid and Samry Masri.
Jaafar, currently in prison in Penang and facing nine criminal charges, was not represented. – Bernama