PUTRAJAYA: After eight years, the family of 14-year-old schoolboy Aminulrasyid Amzah, who was shot dead by police, says that justice has been done.
The family received RM114,800 in damages after a three member-bench of the Federal Court, led by Chief Justice Tun Raus Sharif, dismissed the police and government's appeal on Thursday (March 29) against an earlier Court of Appeal decision.
Justice Raus, who heard the appeal with Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court Judge Tan Sri Ramly Ali, upheld the Court of Appeal's decision to award the same amount.
In March 2016, the Shah Alam High Court had awarded Aminulrasyid's mother Norsiah Mohamad and eldest sister Nor Azura RM414,800 in damages.
However, the Court of Appeal on June 2, 2017, had reduced the damages to RM114,800 after partly allowing the appeal by the government and police.
Aminulrasyid's mother, Norsiah and sister Nor Azura, filed the suit against Jenain Subi, who fired the gunshots, the Shah Alam district police chief, the then Selangor police chief (and former Inspector-General of Police) Tan Sri Khalid Abu Bakar, and the Malaysian Government.
Aminulrasyid, who was driving at 2am on April 26, 2010 in Shah Alam, was pursued and shot at by police multiple times, after he refused an order to stop and tried to get away.
The High Court had found that the police were not justified in the shootings, which had breached the IGP's standing orders (that firearms can be discharged only where lives of police personnel or the public is threatened). The Court of Appeal concurred with the High Court's decision that there was no justification for Jenain to open fire.
Khalid, then Selangor police chief, had also alleged that Aminulrasyid was linked to crime and had a parang in the car. However, the Court of Appeal said it was not proven how the parang was in the car and Khalid was liable for malfeasance (wrong by a public official).
On Thursday (March 29), the Federal Court ruled that the law on Section 7 and 8 of the Civil Law Act, dealing with damages to the estate of the deceased, is already settled.
“There is no need to interpret the two sections. The application for leave is dismissed,” said Justice Raus after hearing submissions from senior federal counsel Alice Loke who represented the government and the police on Thursday (March 29).
Datuk Seri Gopal Sri Ram appeared for Aminulrasyid's family.
Outside the courtroom, Norsiah told reporters that after eight years, justice has been done for her son and family. - Bernama