Not a guard's duty 'to stop burglaries'

If it is not a guard's duty 'to stop burglaries', then whose would it be? I cannot help but wonder what the police has got to say on Consumer Claims Tribunal president Hussain Mohamed Dewa's judgement in the case of Chuah Chong Huat @ Harith Daniel?

Via the NST, 16 May 2006, KUALA LUMPUR: Security guards employed by managements of condominiums need not go out of their way to stop burglaries.

While they are required to provide the minimum service of alerting the police in such an eventuality, the onus is on owners to ensure security at their units.

Consumer Claims Tribunal president Hussain Mohamed Dewa said residents of condominiums should not expect security guards to act on their own volition when they see a robbery in progress.

"They are only there to do the bare minimum in calling the police. But it is not the responsibility of a security guard to stop the act from being committed by risking his life.

"He said this in the case of Chuah Chong Huat @ Harith Daniel, 30, who filed a case against condominium management, Sin Heap Lee Property Sdn Bhd, for RM25,000 in damages for a burglary at his unit."I would like to throw a question to the floor. Can security guards prevent criminal acts? Anybody, please answer," Hussain asked.

He said Chuah should have had his household items insured against such an incident.

"You should have insured the belongings in your condominium. As I see it, the management has provided what it is expected to do which is to alert the police," he said.

Hussain said he had given the case much thought and decided that the management did not owe Chuah a single sen as it had fulfilled its responsibility.

The home of Chuah, a freelance photographer who lives with his wife Shamim Absoor Khan, 29, at the Forest Green Condominium in Bandar Sungai Long, Kajang, was broken into on Feb 24 resulting in losses amounting to RM49,000.

"This is a huge sum (Chuah’s claim for damages) and I cannot understand why the management has to fork out the money when it is you (Chuah) who had to look after your belongings," Hussain said.