Kuala Lumpur: An inquest has concluded that the death of a man shot by police 11 years ago was the result of a criminally negligent act.
Coroner Nu’aman Mahmud Zuhudi said he had no doubt that Wan Fadlie Shah Wan Fadzil died from gunshot wounds.
“However, the court is unable to determine who fired the fatal shot at the deceased,” he said, adding that the act was “excessive” and “not justified”.
The police had claimed that the shot was fired at Fadlie in self-defence.
Nu’aman said no gunshot residue was found in the deceased’s car or on his hands and, as such, he could not have fired a gun at the time.
He also noted that there was no fingerprint on a gun allegedly found in Fadlie’s possession.
In the 3am incident on Sept 30, 2012, a police team in a patrol car was making its rounds along the Federal Highway near the former EPF building in Petaling Jaya, when they came across a car driven by Fadlie in a suspicious manner.
A high-speed chase ensued, leading to Desa Water Park in Jalan Klang Lama, Kuala Lumpur.
The car skidded and several shots were fired at the police, who returned fire, one of which struck Fadlie and resulted in his death.
As is mandatory under the Criminal Procedure Code, an investigation paper was submitted to the state coroner.
A five-day inquest, which began late last year and ended in August, saw seven witnesses take the stand with deputy public prosecutor Illya Syaheedah Razif acting as the conducting officer.
Hospital Kuala Lumpur forensic pathologist Dr Siew Sheue Feng was among the witnesses who testified.
Lawyer M Visvanathan held a watching brief for the Bar Council.
Visvanathan, who was assisted by V Sanjay Nathan, said it is the policy of the Bar Council to hold a watching brief at every inquest held.
FMT understands that Fadlie’s family could not be traced, and will not be able to file a civil suit as the limitation period had set in.
Section 2(a) of the Public Authorities Protection Act 1948 states that a lawsuit must be filed against the government within 36 months from the date of the incident.
