Asrul Wadi Ahmad, 32, was initially awarded RM20,000 in total damages for his eye and facial injuries and another RM20,000 for the loss of eyesight in the right eye.

His lawyer Ridzuan Johan Ariffin, said trial judge, Judicial Commissioner Firuz Jaffril, allowed the lawsuit on the grounds that police and the government had failed to rebut Asrul’s claim that the police had fired more than 20 tear gas canisters in Jalan Tun Perak, despite knowing many rally participants were in the area.

“However, the judge said there was negligence on Asrul’s part as he still walked out despite knowing police were firing tear gas at the time.

“Due to that, the damages were reduced by 30% to only RM28,000,” he said.

The court also awarded RM30,000 as costs to Asrul.

Ridzuan said Asrul, who is currently in Seberang Perai, was “quite satisfied” with the award today.

When asked if the government had expressed an intention to appeal, Ridzuan said he had not been notified by the senior federal counsel representative about this today.

Asrul sued policemen Zahari Mohd Yusoff and Alekzandra Dawam as well as the Dang Wangi police chief, the police and government in April 2015.

He claimed that when he joined the Bersih 3 rally on April 28, 2012 with his father and brother, he was hit by a tear gas canister on his face and that this caused him to lose sight in his right eye.

http://www.freemalaysiatoday.com/category/nation/2013/04/17/bersih-inquiry-police-used-disproportionate-force/