SHAH ALAM: Shooting victim Aminulrasyid Amzah was rushing home despite being pursued by police cars as he was more afraid of his mother than the police, the High Court here heard.
Aminulrasyid's friend Muhammad Azamuddin Omar, 20, said his friend had panicked after he got into a fender bender, on the fateful night on April 26, 2010.
Azamuddin asked Aminulrasyid to stop the car and talk to other car's owner, but Aminulrasyid said he had to return the car to his sister (who owned the car) and talk to his mother.
The situation escalated after the two teens were chased by police on motorcycles and then patrol cars after they continued to drive dangerously during the 1am incident.
When questioned by policeman Kpl Jenain Subi's lawyer, Zulkepli Omar, why Aminulrasyid was in such a state of panic, Azamuddin said his friend insisted on seeing his mother and even stated he was more afraid of his mother than the police.
Aminulrasyid's family had on April 17, 2013 filed the RM50mil suit againt the police and the Government over his death four years ago.
Aminulrasyid's elder sister Nor Azura Amzah, 45, and his mother Norsiah Mohamad, 65, claimed Aminulrasyid's death was due to policeman Kpl Jenain Subi's carelessness as there was no justification in him shooting the then 15-year-old schoolboy.
During cross-examination by Senior Federal Counsel Normastura Ayub on Tuesday, Azamuddin agreed that the police car's sirens could have drowned out the sound of the warning shot from the police.
Azamuddin agreed that the pursuit occurred because Aminulrasyid refused to stop the car, but he was unsure if the fatal shooting could have avoided if they had stopped the car.
Azamuddin told the family's lawyer, N. Surendran that he did not expect the police to shoot so many times, and that he believed the police continued shooting even after Aminulrasyid was hit.
However, SFC Normastura pointed out that in Azamuddin's police report made within 12 hours of the incident, Azamuddin stated the police stopped shooting after injuring Aminulrasyid.
Justice Zaidi Ibrahim fixed May 5 and 15 for further hearing.
The family's suit stated that Kpl Jenain and the other policemen with him had wrongly shot Aminulrasyid, causing his death on April 26, 2010.
The suit 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.
A criminal High Court had on Dec 5, 2012 acquitted Kpl Jenain from the charge of causing Aminulrasyid's death.
Justice Abdul Rahman Sebli overturned the Sessions Court's earlier decision to convict the police officer and jail him for five years.
In his judgment, Justice Abdul Rahman held that it was clear Kpl Jenain had intended to shoot at the car driven by Aminulrasyid to immobilise it and that only one out of the 30 bullets hit the upper part of the car.
On Nov 26, 2013, the Court of Appeal upheld Kpl Jenain's acquittal.