Court rules in favour of shot victim
James Pillay had filed a negligence case against the Fiji Military Force and had alleged that it is a duty of the Military to keep proper control of their men and weapons and to ensure the safety of the people of Fiji.
While delivering the judgment today, Justice Roger Coventry said he found that the Fiji Military Force are liable in negligence to Pillay.
Justice Coventry has also given the plaintiff till the 4th of January next year to file affidavits on damages. The hearing for the damages will be done on the 18th of January next year.
In his judgment today, Justice Coventry stressed that there is a liability should the Military fail to maintain and ensure discipline amongst their officers. He continued on to say that if they do not do this then legal action for compensation can be brought against them.
On the 2nd of November 2000, Pillay whose house was 2-3 miles away from the Queen Elizabeth Barracks was waiting near his house for transport to go to a shop. While standing there he heard a sizzling noise and was hit in the stomach by a bullet.
He was taken to CWM hospital where the doctors repaired his abdomen. There were some breathing difficulties and he was admitted at the Intensive Care Unit.
A decision was later made not to remove the bullet as it was found that it would not cause any harm or pain, but Pillay claims there was continues pain and a hernia which required further treatment.
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