Shah Alam High Court grants RM414,800 in damages to family of Aminulrasyid

SHAH ALAM: The mother and sister of 14 year-old teenager Aminulrasyid Amzah, who was shot dead by police, won a civil suit against the police today and were awarded RM414,800 in damages.
High Court judge Datuk Ahmad Zaidi Ibrahim also granted RM50,000 cost (to be paid by the defendants).
The mother, Norsiah Mohammad, 66, and sister Nor Azura Amzah, 45, claimed for damages for Aminulrasyid's death, which they claimed was due to Cpl Jenain Subi's negligence.
They had named Jenain, the Shah Alam district police chief and the then Selangor police chief Tan Sri Khalid Abu Bakar, who is now the Inspector General of Police (IGP), former IGP and the government as the defendants.
"I am of the opinion that Jenain had acted in an excessive, reckless manner and breached Inspector General Standing Order (IGSO) as his action was not appropriate," said Ahmad Zaidi.
He said the plaintiffs had succeeded in proving that Jenain was negligent and reckless and that he acted in the manner as claimed by the plaintiffs – assault and battery against Aminulrasyid.
"I find that the plaintiffs on 'balance of probabilities' proved their claim against Jenain," he said.
On their public misfeasance claim against Khalid, Ahmad Zaidi said the defendants did not call Khalid to testify.
"The third defendant had tried to state that they were justified to shoot Aminulrasyid and that he was a person, who has connections with a crime as a parang was found in the car boot," he added.
"Plaintiffs proved public misfeasance by the third defendant (Khalid) and I allow the claim," said the judge.
Ahmad Zaidi granted RM150,000 general damages for pain and suffering, RM150,000 for public misfeasance, RM100,000 for aggravated and exemplary damages, RM10,000 for bereavement and RM4,800 for funeral expenses.
Aminulrasyid was shot in a high-speed car chase at about 2am on April 26, 2010. He died due to gunshot wounds.
Jenain was charged under Section 304 (A) of the Penal Code for the death of Aminulrasyid between 1.10am and 2am on April 26, 2010 at Jalan Tarian 11/2, Section 11, Shah Alam.
A High Court discharged and acquitted him of the charge and the Court of Appeal upheld the decision.
Outside court, lawyer N. Surendran said the judgment had cleared the name of Aminulrasyid and his family.