Misfeasance in public office is a cause of action ... It is an action against the holder of a public office,
alleging in essence that the office-holder has misused or abused their
power.
Generally, a civil defendant will be liable for misfeasance if the
defendant owed a duty of care toward the plaintiff, the defendant
breached that duty of care by improperly performing a legal act, and the
improper performance resulted in harm to the plaintiff.
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.
Thursday March 24, 2016
08:01 PM GMT+8
08:01 PM GMT+8
Aminulrasyid’s
mother, Norsiah Mohamad (right), said she was just grateful today as
her son’s name was cleared after six years of legal tussle. — Picture by
Ida Lim
SHAH ALAM, March 24 — The family of Aminulrasyid Amzah breathed a sigh
of relief today after winning their civil suit against the government
and the police officer who killed the 14-year-old boy in 2010.
For them, the court victory signals the end of a six-year-long
nightmare shadowed by the “criminal” label the police pasted on
Aminulrasyid.
“My family and I were grateful that my younger brother’s name was
cleared. Insyallah, we will move on,” Aminulrasyid’s sister, Nor Azura
Amzah, told reporters after the High Court ruled in the family’s favour
and ordered the police and government to pay them some RM400,000 in
compensation for the teen’s death.
Aminulrasyid’s mother, Norsiah Mohamad, said she was just grateful
today as her son’s name was cleared after six years of legal tussle.
Aminulrasyid 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 his ruling earlier, judge Datuk Ahmad Zaidi Ibrahim said the police
officer on duty Corporal Jenain Subi went against the
Inspector-General’s Standing Orders (IGSO) when he opened fire during
the incident.
The judge then ordered Jenain and other defendants to pay RM150,000 for
damages caused by pain and suffering, another RM150,000 for aggravated
damages.
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.
Previously, Khalid had accused the late Aminulrasyid of being a dangerous criminal.
Judge Ahmad Zaidi also ordered the defendants to pay RM50,000 for legal
costs, RM10,000 for bereavement and RM4,800 for funeral.
Friday, 25 March 2016
Aminulrasyid’s family gets RM414,800
SHAH ALAM: The family of shooting victim Aminulrasyid Amzah has
been awarded RM414,800 in damages, among others, in their suit against
the police and the Government over his death almost six years ago.
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
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
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