The judge also ordered Inspector-General of Police Tan Sri Khalid Abu Bakar, who was the Selangor police chief the time, to pay RM100,000 for public misfeasance.
Friday, 25 March 2016
Aminulrasyid’s family gets RM414,800
High Court judge Justice Ahmad Zaidi Ibrahim granted RM150,000 in general damages for the pain and suffering; another RM150,000 in aggravated and exemplary damages and RM100,000 for public misfeasance.
Justice Ahmad Zaidi also allowed the family RM10,000 in bereavement and RM4,800 in funeral expenses.
He also ordered a cost of RM50,000 to be paid by the defendants to the plaintiffs.
He ruled that Aminulrasyid’s elder sister Nor Azura Amzah, 46, and his mother Norsiah Mohamad, 67, have proven their claim against policeman Kpl Jenain Subi who was found liable in causing the death of Aminulrasyid, and they also succeeded in proving public misfeasance against third defendant former Selangor police chief Tan Sri Khalid Abu Bakar.
Present in court were Nor Azura, Norsiah and their family members.
In his oral judgement, Justice Ahmad Zaidi said that Aminulrasyid died at the scene after he was shot while driving his sister’s car.
The teenager was shot after a hot pursuit between the dead teen’s car and two police cars, one with Kpl Jenain inside.
The pathologist’s report revealed that the cause of death was due to the shot to the head.
“The plaintiff’s evidence revealed that Kpl Jenain was said to have fired 21 shots and this was not rebutted by him,” he said.
Justice Ahmad Zaidi said following the incident, third defendant Khalid held a press conference where he said initial investigations showed the police found a parang believed to have been used for criminal activity, in the deceased’s car.
Khalid, he said, told reporters the deceased had reversed the car and tried to hit the patrol cars, which prompted the policemen to fire shots to defend themselves.
Justice Ahmad Zaidi said when first defendant (Kpl Jenain) was called to give testimony, he told the court the victim’s car had skidded and hit a wall after he was shot.
Kpl Jenain had further said when the policemen arrived at the scene, Aminulrasyid had died. He said the testimonies of Kpl Jenain and Khalid were contradictory.
Nor Azura and Norsiah filed the suit in April 2013 alleging negligence, assault and battery.
They claimed the death of Aminulrasyid was due to Kpl Jenain’s carelessness as there was no justification for him to shoot the 15-year-old schoolboy.
The suit claimed that Kpl Jenain and another policemen wrongly shot Aminulrasyid, which caused his death on April 26, 2010.
The family of Aminulrasyid claimed that Khalid had made an unfair and unfounded statement implying that the boy was a criminal or a suspected criminal.
Besides that, they were claiming for RM12,000 in special damages which included funeral expenses and costs. - Star, 25/3/2016