KUALA LUMPUR: A Sessions Court in Kelantan has cleared a Malaysian Civil Defence Force (APM) officer of negligence after a wasp nest removal operation took a disastrous turn, leading to a house fire.

Judge Effandi Nazila Abdullah made the ruling after satisfied that Zuliar Latiff (plaintiff) failed to prove his case on the balance of probabilities against Lance Corporal (PA) Mohd Al Faizal Mohd Karim and the government (defendants).

According to the court document, the incident began when Zuliar discovered a large wasp nest inside a wardrobe in his family home near Pasir Mas, Kelantan on Sept 15 2021.

With his elderly mother and younger sibling stranded in Perak due to Covid-19 movement control order, the 50-year-old man called emergency services for help.

APM officers, led by Mohd Al Faizal who responded to the call, assessed the situation and decided to use aerosol insecticide to eliminate the wasps and their nest.

However, despite the treatment, many wasps remained active and attacked the defendant when he attempted to remove a piece of clothing from the wardrobe.

In a desperate attempt to protect himself, Mohd Al Faizal, who had served in APM for seven years and had vast experience in exterminating wasp nests, lit a lighter to ward off the insects, but the flame ignited fabric stuck to the window frame.

The fire quickly spread, and despite efforts to put it out, the house was engulfed in flame.

The plaintiff claimed that the officer acted recklessly and should be held responsible for the destruction of his home.

Meanwhile, the defendants argued that they had taken all reasonable and precautionary measures at all times while carrying out the operation to destroy the wasp nest, in accordance with the guidelines set by APM.

Effendy Nazila in his ground of judgment said the court is of the opinion that Mohd Al Faizal had exercised reasonable caution throughout the operation to destroy the wasp nest.

"The first defendant was fully equipped with personal protective equipment (PPE) and conducted the operation in accordance with APM guidelines.

"The Fire and Rescue Department's commander who extinguished the fire, testified that their investigation revealed the fire was caused by an accident," he said.

The court said there was no evidence indicating that Mohd Al Faizal was negligent during the operation.

The judge added the fire could have occurred even in the absence of negligence by Mohd Al Faizal and that he did not have full control over the plaintiff's house.