KUALA LUMPUR, June 2 — The family of the late Aminulrasyid Amzah scored another court victory today when judges decided that his 2010 fatal shooting by police is unjustified and illegal.
Lawyer Latheefa Koya said the Court of Appeal today unanimously upheld the High Court’s previous ruling that was in favour of Aminulrasyid’s family.
“Court found against the government, that there was no justification for the shooting of Aminulrasyid and hence it was unlawful.
“Court also held Corp Jenain Subi was the person who fired the fatal shots. Court rejected government’s claim that Aminul was guilty of contributory negligence,” she told Malay Mail Online when contacted today.
“Family was present in court and are happy that they have been vindicated,” she added.
The three-man panel at the Court of Appeal today was chaired by Datuk Mohd Zawawi Salleh, and also included judges Vernon Ong and Datuk Asmabi Mohamad.
On March 24, the High Court had ordered the five defendants sued to pay a total of RM414,800 in damages and RM50,000 in costs to Aminulrasyid’s family.
Latheefa, who represented Aminulrasyid’s family along with lawyer N. Surendran, said the Court of Appeal today reduced the damages payable to a total of RM114,800 — namely RM100,000 in general damages, RM10,000 for bereavement and RM4,800 for funeral expenses.
The reduced amount of compensation awarded by judges to Aminulrasyid’s family is due to some legal issues related to exemplary damages and public misfeasance, Latheefa said, adding however that the costs of RM50,000 was maintained.
Aminulrasyid, 15, was shot dead by police on April 26, 2010 in the Selangor capital city in an early-morning car chase after failing to stop at a police roadblock.
In April 2013, Aminulrasyid’s sister Nor Azura Amzah and mother Norsiah Mohamad filed a civil suit against Jenain and four others — namely the Shah Alam police chief, Tan Sri Khalid Abu Bakar who was then the Selangor police chief, the Inspector-General of Police and the government.
The Sessions Court had in 2011 found Jenain guilty of culpable homicide not amounting to murder and sentenced him to five years’ jail, but the High Court had in 2012 acquitted him after ruling that he had opened fire with the intention to immobilise the car instead of with the intention to cause Aminulrasyid’s death.
The Court of Appeal later upheld the acquittal in November 2013, saying in an unanimous ruling that the High Court had not erred in its findings on the intention. Criminal cases that originate at the Sessions Court would end at the Court of Appeal and cannot be appealed at the Federal Court.