PUTRAJAYA: The Court of Appeal has upheld the decision of a lower court that found the police and the government liable for the death of teenager Aminulrasyid Amzah, who was shot dead during a chase on the streets of Shah Alam seven years ago.
Aminulrasyid’s family lawyer, Latheefa Koya, said in a text message that the three-man panel, led by justice Zawawi Salleh, found that the 15-year-old was unlawfully shot dead.
“The court also held that Corporal Jenain Subi was the person who fired the fatal shots, and dismissed the government’s claim that Aminulrasyid was guilty of contributory negligence,” she said.
She added that the family was happy that they had been vindicated.
The two other judges in the panel were justices Vernon Ong and Asmabi Mohamad.
However, Latheefa, who appeared with lawyer N Surendran for the family, said the appeals court had reduced the quantum of damages awarded by the Shah Alam High Court from RM414,800 to RM114,000.
Last year, the Shah Alam High Court awarded RM414,800 in damages to Aminulrasyid’s family members after finding Jenain liable for the boy’s death. It also found then-Selangor police chief Khalid Abu Bakar liable for public misfeasance.
Khalid is now inspector-general of police.
During the trial, Jenain admitted that he should not have shot at the Proton Iswara, driven by Aminulrasyid on April 26, 2010.
In 2013, Aminulrasyid’s mother, Norsiah Mohammad, and his sister, Nor Azura, had sued Jenain, Khalid, the Shah Alam district police chief, the IGP and the government for RM50 million, citing negligence, assault and battery.
In November 2013, Jenain was freed by the Court of Appeal from the charge of causing Aminulrasyid’s death when he pursued the teenager in a car chase on Jalan Tarian 11/2, Section 11, Shah Alam, between 1.10am and 2am on April 26, 2010.
During the proceedings today, lawyer Zulkifly Omar appeared for Jenain, while senior federal counsel Normastura Ayub represented the police and government.