Shooting of RTM cameraman - court dismisses security firm's appeal

 

The Court of Appeal today dismissed an appeal by GMP Kaisar Security Sdn Bhd (GMP) to quash an order to pay RM114,470 in damages and costs to Radio Televisyen Malaysia part-time camera person Mohamad Amirul Amin Mohamed Amer.

Amirul (photo above), who was shot by a rogue bodyguard along Tun Dr Lim Chong Eu Expressway on Dec 1, 2016, was one of eight people shot by GMP employee Ja’afar Halid.

A panel of three - Court of Appeal Judges Lau Bee Lan, Abu Bakar Jais and Gunalan Muniandy - presided over the case.

While Gunalan dissented, Lau and Abu Bakar Jais decided that the appeal has no merits.

"The High Court Judge Justice Hadhariah Syed Ismail directed herself correctly on facts and the law," the majority decision read.

GMP was also ordered to pay Amirul RM10, 000 as additional costs.

Amirul had filed a vicarious liability suit against Ja’afar and his employer on June 1, 2018, seeking the court's order to hold GMP responsible for Ja’afar’s actions.

Penang High Court judge Hadhariah Syed Ismail had ruled in favour of Amirul, awarding him RM114,470 in damages and costs, including costs for medical treatment and hospitalisation.

The breakdown of the award included RM10,000 for loss of earnings, RM4,470 for medical expenses, general damages of RM70,000 and RM30,000 in costs.

Amirul was represented by lawyer K Simon Murali and Kok Yuen Lin.

GMP was represented by Mohammad Nor Azam Rashid and Samry Masri.

The hearing and submission were heard on Dec 11, last year in the Court of Appeal at Putrajaya.

"The court had reserved its judgment and delivered (its ruling) today. The decision was delivered virtually by the panel via remote communication technology (Zoom Meet)," said Simon.

On that fateful day, Amirul claimed he was on the highway to assist a man he thought had been involved in an accident.

Amirul had reportedly suffered from post-traumatic stress disorder as confirmed by a consultant psychiatrist during the trial at the High Court.

It was mentioned in court that Ja’afar had previously worked as a bodyguard for senior minister Mohamed Azmin Ali (2008-2009) and Permatang Pauh MP Nurul Izzah Anwar (2009-2010).

Ja'afar claimed trial to three counts of murder and five counts of attempted murder. - Mkini