The Shah Alam High Court has ordered the defendants, including inspector-general of police Khalid Abu Bakar, to pay damages to the family of 14-year-old shooting victim Aminulrasyid Amzah.
"The judge has decided that the plaintiffs (Aminulrasyid's mother and sister) has successfully proven that the defendants are liable for the death of Aminulrasyid.
"In other words, the plaintiffs have won their case against the government over the shooting of Aminulrasyid six years ago," lawyer N Surendran told reporters after the decision was announced by Justice Ahmad Zaidi Ibrahim.
The RM414,800 in damages includes RM100,000 for public misfeasance by Khalid, who was then Selangor police chief.
It also included RM150,000 each for damages in pain and suffering as well as aggravated damages.
There is also another RM10,000 and RM4,800 awarded for bereavement and funeral costs.
The court has ordered the defendants to bear the legal costs of RM50,000.
'Careless and negligent'
In reading the decision, Ahmad Zaidi said it is true that the police are given the power to use their weapons if lives are in danger.
"Police are given the power to take actions to control crimes, which is why they are given weapons. But all powers have limitations in how they're used.
"So the question is whether using the gun was warranted in that particular situation," the judge said.
He noted that based on witness testimonies, there were no lives in danger when Corporal Jenain Subi fired 21 shots at the car Aminulrasyid was driving at Jalan Tarian during the car chase.
As such, he found the corporal's actions of firing the gun to be "careless and negligent", as well as being against the Inspector-General's Standing Orders (IGSO).
Besides, he also found the then Selangor police chief Khalid to be guilty of public misfeasance for stating in a press conference a day after the shooting that the police found a machete in the car driven by Aminulrasyid.
"(His statements) were meant to make right a wrong committed by one of their officers, that is the first defendant (corporal Jenain).
"(He) tried to say that they are justified in shooting the deceased because he is someone who has (some) criminal elements, as there was purportedly a parang found in the car boot.
"But there was no proof of the existence of the parang," Ahmad Zaidi said.
Surendran said it was very important that the judge declared the shooting of Aminulrasyid to be completely wrong.
"What's also very important is that this judgment has cleared the name of Aminulrasyid and his family.
"If he was alive, he'd be 20 years old today. We cannot bring him back but at least his name is now cleared," he said.
Aminulrasyid's mother, Norsiah Mohamad, and his sister, Nor Azura Amzah, both expressed gratitude for the judgment.
"Insyaallah, we can move on now," Nor Azura said.
The civil suit was filed to claim damages for Aminulrasyid's death, allegedly due to gunshot wounds to the head caused by police negligence.
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, Shah Alam, between 1.10am and 2am on April 26, 2010.
Besides Khalid, the other defendants named are the Shah Alam district police chief and the Malaysian government. -Mkini
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