The family of Aminulrasyid Amzah, the teenager who was shot by a policeman six years ago, was today awarded RM414,800 in damages for the boy's death.
Judge Datuk Ahmad Zaidi Ibrahim ordered the family to be paid damages of RM150,000 for pain and suffering, RM150,000 in aggravated and exemplary damages, RM10,000 for bereavement, RM4,800 for funeral expenses and RM100,000 for public misfeasance.
He also ordered the defendants to pay costs, totalling RM50,000, to the plaintiffs.
READ: Aminulrasyid case: Friend did not expect police to fire 15 shots, court told
In the suit, Aminulrasyid's mother, Norsiah Mohammad, 67, and eldest sister Nor Azura, 46, as the plaintiffs, named Corporal Jenain Subi, Shah Alam District Police Chief, former Selangor police chief Tan Sri Khalid Abu Bakar (now the Inspector-General of Police), the Inspector-General of Police and the Malaysian
government as defendants.
The suit was filed to claim damages of almost RM50 million for Aminulrasyid's death, allegedly caused by gunshot wounds to the head arising from Jenain's negligence.
In his judgment, Ahmad Zaidi said the plaintiffs had succeeded in establishing that it was Jenain who fired the shot at the car that Aminulrasyid was in at Jalan Tarian 11/2, Section 11 here on the morning of April 26, 2010.
"We are aware that policemen are empowered to take crime prevention action and because of that they are supplied weapon. We do not question that, but there are limits to power, how it (weapon) is used.
"So, in this case, the action of the police is bound by the IGPSO (Inspector-General of Police Standing Order) in what condition are they allowed to fire.
"In his evidence, the first defendant (Jenain) said his intention of firing the shot was to stop car (with registration number) BET 5023 (in which Aminulrasyid was in) because of reckless driving. In this case, was it apt for the defendant to fire the shot at Jalan Tarian?.
"In a situation on a quiet road at between 1 and 2 am, in a housing area, when Aminulrasyid was attempting to flee from the police and there was no counter-fire. In this situation, I opine that the first defendant had
over-acted, was negligent and in haste, as well as breached the IGPSO when firing the shot," he added.
On the plaintiff's claim against the third defendant (Khalid), Ahmad Zaidi said the court found that his action in calling for a media conference was to cover the mistake done by Jenain.
"The third defendant tried to say that the policeman was justified shoot Aminulrasyid because he (the boy) was linked to crime following the discovery of a machete in the car he was in.
"However, it was not proven how the machete was there. Hence, the plaintiffs had proven there was public misfeasance," he added.
Aminulrasyid's family was represented by lawyers N. Surendran and Latheefa Koya, while lawyer Zulkifly Omar represented Jenain and federal counsel Norhasmanita Abdul Manap represented the other defendants.
In November 2013, the Court of Appeal upheld the High Court's decision to acquit Jenain on a charge of causing Aminulrasyid's death when chasing him at Jalan Tarian 11/2, Section 11 here between 1.10 am and 2 am on April 26, 2010.
In acquitting Jenain in 2012, the High Court ruled that Jenain had not intended to cause the death of Aminulrasyid, but fired the shots at the car driven by the 15-year-old teenager in an attempt to stop the car.
Bernama
Thu Mar 24 2016
He also ordered the defendants to pay costs, totalling RM50,000, to the plaintiffs.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.
How Indian billionaire Gautam Adani's alleged bribery scheme took off and unraveled
The indictment was unsealed on Nov. 20, prompting a $27 billion plunge in Adani Group companies' market value.
Elon Musk blasts Australia's planned ban on social media for children
Several countries have already vowed to curb social media use by children through legislation, but Australia's policy could become one of the most stringent.