KOTA KINABALU: The family of the late Major Mohd Zahir Armaya has initiated legal proceedings against nine defendants, including former Army Chief Tan Sri Zamrose Mohd Zain and the Malaysian Armed Forces, through their team of lawyers.
According to Sinar Harian, lawyer Datuk Ansari Abdullah said proceedings at the High Court began on Monday and involved claims filed by the late officer’s mother, father and younger brother. Major Zahir was shot dead on Sept 4, 2019, during a demonstration at Lok Kawi Camp.
“The family has filed a suit seeking court orders on three grounds — negligence, reckless conduct and breach of statutory duty.
“If the court rules in their favour, they are also seeking damages for the death of the late Major Zahir, who was posthumously promoted to the rank of Lieutenant Colonel.
“The suit was filed against the individual who fired the shot, senior officers including the Chief of Defence Forces, the police for failing to investigate and act under the law, and the hospital, which allegedly did not provide cooperation,” he told reporters at the Kota Kinabalu Court Complex yesterday.
When asked why the claim was filed after a considerable lapse of time, Ansari said that it was still within the limitation period prescribed by law, within three years from the date of the incident.
“We filed it before the three-year deadline, as required by law. The case was initially assigned to a judge who later fell ill. High Court judge Alexander Siew How Wai has since taken over and is now presiding over the case.
“For this proceeding, we intend to call seven witnesses. One of them, the late officer’s uncle, has already testified. We are currently tracing another witness who trained with the deceased before the demonstration,” he said.
On the amount of damages sought, Ansari said the matter would be left to the discretion of the court to determine appropriate compensation.
It is understood that the proceedings will continue until this Friday. Ansari is assisted by two other lawyers — his daughter Erveana Ansari and Noor Shazwani Sapri.
For the record, in the incident six years ago, Major Mohd Zahir, 36, who was also the son of veteran actor AR Badul, died after being shot during a demonstration held in conjunction with the launch of the 5th Infantry Division and 13th Infantry Brigade at Lok Kawi Camp, Kota Kinabalu.
© New Straits Times Press (M) Bhd






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