Man blinded by tear gas canister awarded RM28,000

KUALA LUMPUR: The High Court here yesterday awarded RM28,000 in damages to a participant of the Bersih 3.0 rally in 2012, who was blinded in the right eye by a tear gas canister.

In his judgement, Judicial Commissioner Datuk Mohd Firuz Jaffril awarded total compensation of RM40,000 to former engineer Asrul Wadi Ahmad, 31.

However, 30 per cent of the amount was deducted by the court as a result of Asrul Wadi’s negligence. Therefore, he was only awarded a total of RM28,000.

Mohd Firuz said evidence showed the police had instructed the participants to disperse but it was ignored by the plaintiff.

“The plaintiff did not leave the area immediately. Therefore, the court finds that his negligence had contributed to his own injuries,” he said, adding that based on evidence provided by the plaintiff’s witnesses, two or three people were seen cutting the barbed wire fencing installed by the police to block the pavement from Jalan Tun Perak to Dataran Merdeka.

“In this case, the court finds that the order to fire the tear gas at the participants was relevant,” he said.

The court also ordered the Royal Malaysia Police (RMP), Malaysian Government and three other police officers to pay a further RM30,000 in costs to Asrul Wadi.

On April 16, 2015, Asrul Wadi filed a suit against Superintendent Zahari Mohd Yusoff, ASP Alekzandra Dawam, the Dang Wangi police chief, RMP and the government, naming them as the first to fifth defendants.