N. Surendran, “The police version of what transpired is not consistent with the post-mortem report unless the police have bullets that can curve through the air.”
In 2010, police shot dead 3 boys.
They were Mohd Shamil Hafiz Shapiei (15), Mohd Hanafi Omar (22) and Hairul Nizam Tuah (20).
The police that the boys were shot while attacking them with machetes.
In 2016, the Court of Appeal ruled that the police and the government were liable for the deaths of the three youths.
2 September 2016
Families Of 3 Youngsters Shot Dead By PDRM 6 Years Ago Finally Get Some Justice
PDRM claims that the trio were “seasoned criminals”. Their families insist otherwise.
In general, six years is a long time to wait for anything.
It is much longer for families waiting for justice for being wronged at the hands of those who were supposed to act as protectors.
That long wait for the families of three youths shot dead in 2010 — allegedly in execution style — by PDRM in the Selangor neighbourhood of Glenmarie is finally over.
Six years ago, 22-year-old Muhamad Hanafi Omar, along with 20-year-old Hairul Nizam Tuah, and 15-year-old Mohd Shamil Hafiz Shapiei were killed in Shah Alam.
Yesterday, 1 September, a three-judge panel at the Court of Appeal — in a decision that is surely going to help the families find some form of closure — unanimously ruled that the police and the government are liable for the deaths of the three Malay youths.
It effectively overturned last year’s decision of the High Court which dismissed the civil lawsuit against the cops and the government brought by the families of the three boys.
The justice could have been served earlier and the families would have found their closure too had the High Court not ruled that the cops weren’t negligent when they shot and killed the three youths
In 2015, High Court judge, Datuk Rozana Ali Yusoff, while dismissing the civil lawsuit against the police and the government, had instead charged the families to pay RM20,000 to the defendants, namely Inspector Azrin Ezahar, Corporal Kamarul Zaman Awang, and Lance Corporal Khairul Azahar Jali.
Because, according to judge Rozana, the three policemen feared for their lives and “had no choice but to open fire to protect themselves.”
“The evidence of the three policemen was found to be credible and believable. The three deceased rushed out of a vehicle with parang with intent to attack the defendants (the three policemen),” the learned judge had ruled, upon which the police genuinely feared for their lives and they did not need to wait to be inflicted with grave injuries.
Judge Rozana overlooked the fact that post-mortem reports by the Tengku Ampuan Rahimah Hospital contradicted the claims made by the police that the boys were shot while attacking with machetes
The families’ lawyer, N. Surendran, had claimed that it was a murder in cold blood.
During a press conference in 2011, he produced a report of the post-mortem examinations on two of the youths, Shamil Hafiz Shafie, and Mohd Khairul Nizam Tuah.
The post-mortem report revealed that the police shot them at close range.
“The report also indicates that Shamil was shot on the forehead at a 45-degree angle. That can only happen if the boy was kneeling when he was gunned down,” he said.
The police said they shot the youths after they had tried to attack them with a machete.
But Surendran rejected the police version, saying “Shamil had gunshot residues on his shirt. Residue can only be transferred if shots were fired at a close range.”
He said Hairul was shot on the left side of his head.
“The police version of what transpired is not consistent with the post-mortem report unless the police have bullets that can curve through the air,” Surendran had remarked
Now…the Court of Appeal has ruled that the High Court judge, Rozana Ali Yusoff, had erred in her decision last year, saying, ‘The learned judge was wrong that the respondent was not liable”, the grieving families’ wait for a complete justice is still not over yet
As the three-member bench, which included Datuk Mohd Zawawi Salleh, who chaired the three-man panel, Datuk Vernon Ong-Lam Kiat, and Datuk Abdul Rahman Sebli, has ordered the matter to be remitted back to the High Court for the estimation of damages.
‘Did my son beg for mercy before being shot?’
All three suits named the Shah Alam district police chief, Selangor police chief, the inspector-general of police and the government as defendants, along with unidentified police personnel.
Prominent human rights lawyers, Latheefa Koya and Eric Paulsen, filed the suit on behalf of the families at 9.30am.
Free Malaysia Today
Families of slain youths sue cops
Families of three teenagers gunned down in their prime in 2010 seeking to hold the police accountable for their actions
SHAH ALAM: In 2010, three teenagers were shot dead by a group of police officers after they were said to be allegedly involved in a crime syndicate known as ‘Gang Minyak’.
Their deaths caused an uproar among human rights activists who claimed that the three teenagers were killed by trigger happy cops in an execution style.
Today, the bereaved family members of all three victims has filed a civil suit at the Shah Alam High Court in an attempt to seek justice for their loved ones.
Family-members of three boys by police three years ago in Glenmarie, Selangor, have filed separate suits, seeking damages for negligence and breach of statutory duty.
Shapiei Zainal Abidin and Norhafizah Mat Razali filed the action at the Shah Alam High Court registry today on behalf of their son Muhammad Shamil Hafiz.
Similarly, Omar Abu Bakar (left) and Noriah Darus filed one in relation to their son Muhamad Hanafi.
The third suit was filed in relation to Mohd Hairul Nizam Tuah by his mother Hamidah Kadar and eldest sister Norhaliza Tuah.
Lawyers Latheefa Koya, Eric Paulsen and Michelle Yesudas are representing the six plaintiffs.
They are seeking special damages of RM21,000; general, aggravated and exemplary damages; and malfeasance damages, interests and costs of the action.
‘Post-mortem showed youth killed by cops’
A post-term on Mohd Hanafi Omar, one of the three youths killed at Glenmarie last year, shows that he had died from three gunshot wounds, says the family’s lawyer.
PETALING JAYA: One of the three youths who were shot dead by police last year in Glenmarie had died from three gunshot wounds – two to the cheek and one to the chest – which was fired at a 45 degree angle.
This finding, said the family’s lawyer, reaffirmed that the three were murdered by police in cold blood.
The post-mortem report on Mohd Hanafi Omar, 22, was released to the press by lawyer N Surendran today outside the Petaling Jaya police headquarters.
The family had lodged a fresh report urging the police to open an investigation of the case for murder.
Previously, the post-mortem reports on Mohd Shamil Hafiz Shafie, 15, and Mohd Khairul Nizam Tuah, 20, indicated that they were shot at close range.
The family believed that gun shot residue found on one of the boy’s jackets and the angle in which the shots were fired showed that the police may have forced the boys to kneel.
“Hanafi’s post-mortem coincides with what we believed all along – these were shots to kill these youngsters. If the purpose was to stop them, one shot is enough. Why was Hanafi shot so many times? Are they trying to stop a 600-pound gorilla? I’m not sure,” said Surendran, who was with the family today.
“Police said they were bank robbers, but there were coins and RM2.40 in Hanafi’s clothes. Where’s the cash then? The police version is unbelievable,” said Surendran.
Free Malaysia Today
Glenmarie shooting was murder, says lawyer
According to the post-mortem report, at least one of the three youths was kneeling when police shot him, N Surendran tells reporters.
PETALING JAYA: It was murder in cold blood, according to a lawyer for the families of three youths whom police shot dead in Glenmarie last year.
Addressing a press conference at the PKR headquarters here, N Surendran produced a report of the post-mortem examinations on two of the youths, Syamil Hafiz Shafie, 15, and Mohd Khairul Nizam Tuah, 20.
Police shot them at close range, he said.
“The report also indicates that Syamil was shot on the forehead at a 45-degree angle,” he added. “That can only happen if the boy was kneeling when he was gunned down,” said Surendran.
The shooting happened last November. Police said they shot Syamil, Khairul and Mohd Hanafi Omar, 22, from a distance. They alleged that the three were members of a criminal gang called Geng Minyak and that the shooting occurred after they had robbed a petrol station.
The police said they shot the youths after they had tried to attack them with a parang.
Surendran rejected the police version. “Syamil had gunshot residues on his shirt,” he said. “Residue can only be transferred if shots were fired at a close range.”
He said Hairul was shot on the left side of his head.
The families of two youths, including a teenager, shot dead by police on Nov 15 yesterday lodged a report against the police claiming that they had deliberately shot to kill in what appeared like an execution.