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29 March 2018
Lawyers for LibertyVerified account @lawyers4libert
The Federal Court dismissed the police/govt’s appeal against the grant of damages to the family of Aminulrasyid Amzah. The Court of Appeal’s quantum affirmed. Counsel @nsurendrann
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malaysiakini.comVerified account @malaysiakini
Court upholds damages to family of slain teen Aminulrasyid
After eight years, the family of deceased teenager Aminulrasyid Amzah will finally receive their rightful damages after the Federal Court today dismissed the appeals of the police and the government and upheld the RM114,800 awarded.
The 14-year-old was gunned down by police in April 2010 following a car chase in Shah Alam. He had been driving his sister’s car without a driving licence.
Initially, the High Court in Shah Alam granted an amount of RM414,800 in total damages but this was reduced to RM114,800 by the Court of Appeal.
The police and government today applied for leave to appeal against the general damages of RM100,000 ordered to be given to the family by the Court of Appeal based on Section 7 and Section 8 of the Civil Law Act.
As such, the government only wanted to pay RM14,800.
However, the three-member bench led by Chief Justice Md Raus Sharif ruled that the law on Sections 7 and 8 is settled.
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The boy’s mother, Norsiah Mohamad, said the family’s pursuit of justice was fulfilled but they were upset that the government was today trying to reduce the amount to RM14,800.
“We accept that no amount of money can bring back Aminulrasyid, but what they are seeking in not wanting to pay for general damages by gunning down my child merely for not possessing a driving licence is as if to show my boy is guilty of a crime,” she said.
Norsiah also said she preferred not to receive any certificate or letter from Prime Minister Najib Abdul Razak, who pledged to her that the shooting would be investigated, seeing as how the government had now appealed against paying general damages.
“I would prefer to tear the certificate and not receive it when I heard the submission in court, as it hurts me so much,” she said.
Norsiah said that when she looked at Aminulrasyid’s peers, where one of them had become a doctor, she wondered how her son’s potential could have been.
“I had carried him for nine months and now he is no more. No one can understand how I feel as a mother. There are also others branding me as a rich parent after the court ordered the award and they also questioned my parenting.
“The fact remains whether my boy deserved to be gunned down for not possessing a driving licence. He is not a thief, rapist or murderer,” she said.
https://www.malaysiakini.com/news/417580?utm_source=dlvr.it&utm_medium=twitter
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25 March 2016
Lawyers’ group: IGP @KBAB51 should resign over teen’s death verdict
https://www.malaysiakini.com/news/335269
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The inspector-general of police Khalid Abu Bakar has been urged to resign, following a court order yesterday for him to pay RM100,000 in damages to the family of slain teenager Aminulrasyid Amzah for public misfeasance.
“The IGP should do the honourable thing and resign after Aminulrasyid’s verdict,” Lawyers for Liberty executive director Eric Paulsen said in a statement today.
The court’s finding against Khalid is “extremely troubling”, he said, as it is the second time he had been found liable for public misfeasance.
The other case was the custodial death of A Kugan in 2009, Paulsen said, where Khalid had made similar false or reckless remarks to the press in order to cover up the wrongful conduct of police personnel.
In the case of Aminulrasyid, the court had found Khalid liable of public misfeasance for saying in a press conference a day after Aminulrasyid was shot in a car chase with the police that they found a parang in the car and that he tried to ram into the police.
“The court, after weighing all the evidence, found these allegations by Khalid Abu Bakar to be unfounded and he never testified despite being called to do so.
“It is therefore clear that the information given by Khalid Abu Bakar to the press was without basis, a blatant attempt to cover up or justify the wrongful fatal shooting of Aminulrasyid,” Paulsen added.
https://www.malaysiakini.com/news/335269
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24 March 2016
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Aminulrasyid’s family to receive RM414k damages over his death https://www.malaysiakini.com/news/335154 @lawyers4liberty
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Star
Aminulrasyid’s family awarded RM400,000 in damages
SHAH ALAM: The High Court here has awarded more than RM400,000 in damages to the family of shooting victim Aminulrasyid Amzah for their pain and suffering.
High Court judge Justice Ahmad Zaidi Ibrahim made the order on Thursday after he found that the plaintiffs had proven their claim against the defendants.
Aminulrasyid’s elder sister Nor Azura Amzah, 46, and his mother Norsiah Mohamad, 67, filed the suit in April 2013 alleging negligence, assault and battery.
They claimed that Aminulrasyid’s death six years ago was due to policeman Kpl Jenain Subis’ carelessness, saying there was no justification for him to shoot the 15-year-old schoolboy.
The suit claimed that Kpl Jenain and another policemen wrongfuly shot Aminulrasyid, which caused his death on April 26, 2010.
They named Kpl Jenain, the Shah Alam district police chief, former Selangor police chief Tan Sri Khalid Abu Bakar, the Inspector-General of Police and the Government as defendants.
The plaintiffs claimed that Khalid, who is now IGP, had made an unfair and unfounded statement implying that the boy was a criminal or a suspected criminal.
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Cop admits he shouldn’t have shot Aminulrasyid http://www.malaysiakini.com/news/304519 | https://twibble.io
Corporal Jenain Subi admitted in the High Court here at Shah Alam today that he should not have fired shots at a white Proton Iswara car driven by Aminulrasyid Amzah, the teenager who was killed in the incident about five years ago.
He also agreed to the suggestion by counsel N Surendran, who is representing the teenager’s family in the civil suit brought against him (Jenain) and four others, that fleeing from police inspection was not a situation which allowed him to fire shots at the teenager’s car.
Jenain, who is the first defendant, also agreed with counsel’s suggestion that Aminulrasyid ignoring the siren from the police patrol cars pursuing him also did not allow him to fire shots at the car.
“While you fired those shots, there were no indications that Aminulrasyid and his friend in the Iswara BET 5023 were criminals,” Surendran said to which Jenain said, “agree”.
http://www.malaysiakini.com/news/304519
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theSundaily
Cop says he ‘mistakenly’ switched to auto mode when firing with a gun at the car of teenager
Posted on 8 July 2015 – 08:46pm
SHAH ALAM: A police corporal testified in a civil suit against him today that he “mistakenly” switched to auto mode when firing with a submission gun at a car driven by teenager Aminulrasyid Amzah.
Corporal Jenain Subi, testifying in a civil suit against him, said he “mistakenly” switched to “auto” mode.
Replying to lawyer N. Surendran, acting for Aminulrasyid’s mother and sister, Jenain explained if “manual” mode is used, one bullet will be released at a time and if “auto” is pressed all the bullets will be fired at once.
When Surendran asked why he chose “auto” and not “manual”, Jenain said at the time, the car (driven by Aminulrasyid) was going in a “zig zag” pattern.
“I took the gun, pulled the trigger and it went straight to ‘auto’ mode,” said Jenain, adding that 21 bullets came out when pressed once.
http://www.thesundaily.my/news/1484756
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Malay Mail Online
22 bullet holes found in car driven by teenager shot dead by police
SHAH ALAM, July 6 — A police officer told the High Court here today that he found 22 bullet holes, including one at the rear window of the car driven by Aminulrasyid Amzah, a teenage boy shot dead by police nearly five years ago.
ASP Mazli Jusoh, 37, said the bullet holes were discovered when he was investigating at the scene of the incident while he was attached to the Forensic Unit of the Selangor police headquarters. “I also found bullet holes in the fuel tank and car tyres punctured when carrying out the investigation at the scene of the incident.”
He said this when questioned by lawyer N. Surendran, who is representing Aminulrasyid’s family, at the hearing of a civil suit filed by the teenager’s family against Corporal Jenain Subi and four others. Aminulrasyid’s mother, Norsiah Mohammad, 66, and eldest sister, Nor Azura, 45, as plaintiffs named Jenain, former Selangor police chief Tan Sri Khalid Abu Bakar (now IGP), Shah Alam police chief, the inspector-general of police and the Malaysian government as defendants.
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In November 2013, the Court of Appeal upheld the High Court’s decision to acquit and discharge Jenain of a charge of causing Aminulrasyid’s death when he pursued the latter in a car chase in Jalan Tarian 11/2, Section 11, here, between 1.10am and 2am on April 26, 2010.
In acquitting Jenain in 2012, the High Court ruled that Jenain did not intend to cause the death of Aminulrasyid, but shot at the car driven by the 15-year-old with a view to stop the vehicle.
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Letter from the Prime Minister: A promise not kept!
The family of 14-year-old Aminulrasyid Amzah, who was shot dead by the police in a car chase three years ago, wants justice. Producing a letter from Prime Minister Najib Abdul Razak that promised her “justice and transparency” in pursuing her son’s killers, Norsiah Mohamad charged today that none of this has been fulfilled.
Aminulrasyid’s mum to hold PM to justice pledge
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Free Malaysia Today
‘Police wrong in Aminulrasyid shootout’
Lawyers urges Attorney General to re-open the case and review the court of appeal’s decision.
PETALING JAYA: There is now a glimpse of hope for Norsiah Mohamad to seek justice for her murdered son – 14 year old Aminulrasyid Amzah who was killed in a high speed police chase on April 26 2010.
This latest revelation was obtained on December 12 2013 during the trial of Norizan Salleh v the Malaysian government, where the police were compelled to produce the Inspector General’s Standing Order (IGSO) on the use of firearms. Norizan Salleh,33, was shot five times by a group of police officers at the middle ring road (MRR2) in a similar car chase back in 2010.
The latest findings from Norsiah’s lawyer showed that the police officers involved during the night of the incident had breached the standing orders as firearms can only be discharged when the lives of police personnel or public is threatened.
Speaking to reporters Lawyer and Member of Parliament, N. Surendran revealed that Corporal Jenain Subi had clearly breached the IGP’s standing order as he fired 21 rounds at Aminulrasyid’s vehicle . “We are referring to the IGSO produced during the trial of Norizan Salleh who was also shot indiscriminately by police officers.
It is now clear that police officers had breached the standing order,” “A weapon can only be discharged when the lives of police officers are in danger or the public is in danger. But looking at Aminulrasyid’s case, the police were not in danger and Aminulrasyid was merely trying to get away from the police,” he said.
http://www.freemalaysiatoday.com/category/nation/2013/12/23/police-wrong-in-aminulrasyids-shootout/
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weehingthong 
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