SEREMBAN: The family of a Wildlife and National Parks Department (Perhilitan) ranger who died after he was accidentally shot by a colleague during an operation has been awarded RM281,807 in damages by a Sessions Court.
Winnona Simon and her two daughters had filed a civil suit against the government and three others in 2020 following the incident at Kg Durian Daun in Rembau two years earlier.
The Perhilitan team was then carrying out an operation against wild monkeys in the area.
“The court ruled that the plaintiffs had succeeded in their claim against the first defendant who was responsible for causing her husband’s death,” said Winnona’s counsel Ahmad Nabilimran Ahmad Halimi.
“It also ruled that the deceased was under the care and responsibility of the defendants who had a duty of care for his safety and well-being in an operation where weapons were used.
“The three other defendants, the judge ruled, were also directly responsible and were negligent in carrying out their responsibilities to ensure the safety of the deceased.”
Ahmad Nabilimran said Judge Surita Budin delivered her judgment via online on Monday.
The family had named the head of the operation Mohamad Hakim Mohamed Khairuddin, state Perhilitan director, the director-general of the department and the government of Malaysia as defendants.
He said the court awarded the plaintiffs RM165,307.20 for loss of dependency, RM10,000 for bereavement, RM6,500 for funeral costs and RM100,000 in aggravated damages.
The court also allowed a 5% interest on general damages from the day the suit was filed and 2.5% interest in special damages from the day the incident took place and RM30,000 in costs.
Winnona’s husband Cyril Quing, who was then 35, was one of 16 Perhilitan personnel involved in the operation on Aug 29, 2018.
In the midst of the operation, he suddenly ran out of the jungle, saying that he had been shot on the right shoulder.
His colleagues rushed him to the Rembau health clinic but he succumbed to the injury.