Magistrate Nurkhalida Farhana Abu Bakar said the powers and responsibilities given to police under Sections 19 and 20 of the Police Act did not exempt them from exercising due care and taking reasonable steps to prevent accidents.
Sections 19 and 20 of the Act set out police duties and powers relating to maintaining public order, preventing crime, protecting people and property, and regulating traffic.
"As a police officer operating an escort motorcycle, the policeman remained bound to a high standard of vigilance in line with the nature of his duties involving the safety of road users," she said in her grounds of judgment dated July 31.
Nurkhalida made the ruling after finding that the government, police and police escort rider Wan Mohamad Husaini Wan Mat were 80 per cent liable for an accident involving motorcyclist Ahmad Ridzwan Sri Abdullah in Bandar Penawar five years ago.
The accident occurred at about 8.20am on Jan 17, 2021, at KM0.5 Jalan Bandar Penawar-Punggai, involving Ridzwan's motorcycle and the motorcycle ridden by Husaini, who was carrying out official duties as a police escort for a convoy involving the then International Trade and Industry minister.
The court found that Ridzwan had swerved to the right after a lorry suddenly stopped in front of him.
The court accepted that Ridzwan's action was a spontaneous reaction to an unexpected situation, but found that he had also contributed to the accident by failing to ensure the path was safe before swerving.
At the same time, the court found that Husaini had an opportunity to take reasonable evasive action but failed to do so.
The court said Husaini admitted that the accident site was near a traffic-light junction, a three-way junction and a petrol station, and was not an area suitable for high-speed riding.
Nurkhalida said the admission showed that he was aware the area required a higher degree of vigilance and more careful handling of the escort motorcycle because of the possibility of unexpected obstacles or situations.
"Based on that admission, the court is of the view that the fourth defendant (Husaini) should have operated the escort motorcycle with a higher degree of vigilance in line with his responsibility as a police officer controlling traffic.
"His failure to do so constituted negligence that contributed significantly to the accident and therefore justified the defendants bearing a greater share of liability than the plaintiff, Ridzwan," she said.
Ridzwan was held 20 per cent liable.
The court awarded Ridzwan RM70,000 in general damages for an open comminuted fracture of the right leg, a fracture of the right anterior inferior iliac spine of the pelvis and a right knee ligament tear.
Ridzwan was also awarded RM6,402 in special damages, while the defendants' counterclaim for damage to their motorcycle was allowed at RM4,600.
Lawyer Suzanah Farikah represented the plaintiff, while federal counsel Najihah Hamidi and Intan Azira appeared for the defendants. - NST
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