Appeals court rejects govt’s bid to overturn ruling on police shooting
Appeals court rejects govt’s bid to overturn ruling on police shooting
PUTRAJAYA: The Court of Appeal here dismissed the appeal by the government and police to challenge a lower court’s ruling that held them vicariously liable over a shooting case nine years ago.
The Taiping High Court had in 2023 ordered the government and police to pay RM602,500 in damages to former palm oil plantation worker Isma Izami Jaafar after he was shot by two “overzealous” police officers, Zulkifli Sulaiman and Zafran Aiman Zainol, during a high-speed car chase.
Justice Hashim Hamzah, in chairing a three-man panel, held that the High Court judge did not err in holding Zulkifli and Zafran “personally negligent”.
Hashim also held that the duo failed to exercise care in the discharge of their duties, adding that the lower court was right to hold the government and police vicariously liable.
Other judges who sat with Hashim were Justices Zaini Mazlan and Ismail Brahim. No order was made as to costs.
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On Nov 10, 2016, Isma was driving three friends from Semanggol in Kamunting, Perak, to Alor Pongsu when a police vehicle approaching from the left side of the road ordered him to pull over.
Isma, who was driving without a valid licence, panicked and kept driving, causing the policemen to open fire on the car.
The car chase eventually ended in front of his house.
In total, the police officers discharged 22 gunshots during the incident, leaving Isma requiring surgery to remove bullet fragments in his brain.
In their defence, Zulkifli and Zafran – who were based in Kerian and on patrol that day – said they noted that Isma was driving a “modified” car. They said a check revealed that the number plate on the car was registered to a motorcycle.
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The policemen added that they turned on their siren and lights, and chased Isma down, repeatedly telling him to stop the car.
They also claimed Isma drove dangerously and “tried to force the police vehicle off the narrow road”.
As a result, Zafran said he instructed Zulkifli to shoot Isma’s tyres.
Earlier today, senior federal counsel Siti Syuhada Alwi, appearing for the government, told the court the gunshots were properly discharged against Isma as he was trying to “escape”.
Zaini then asked Syuhada whether all the shots were targeted at Isma’s tyres. Syuhada said the shots were fired at the tyres but some shots missed the target.
Isma’s lawyer, Azamuddin Abdul Aziz, told the court the police can only discharge their weapons when their lives are in danger.
He also said Zulkifli and Zafran continued to fire shots at Isma’s car despite the tyres already being punctured.
Appeals court rejects govt’s bid to overturn ruling on police shooting
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