Family of three youths who were allegedly shot by police succeed in appeal

PUTRAJAYA: The families of three youths, including a teenager, who died after they were allegedly shot by policemen in Glenmarie in 2010, succeeded in their appeal in a civil suit today.
The Court of Appeal overturned the High Court decision and allowed the appeal of the parents of Muhammad Shamil Hafiz Shapiei, 15, and his two friends, Mohd Hairul Nizam Tuah, 20, and Muhammad Hanafi Omar, 22, in the suit claiming for negligence, assault and battery, on the part of the police, in the case.
The panel of judges, led by Datuk Mohd Zawawi Salleh and comprising Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli, ordered the case to be remitted back to High Court for assessment of damages.
"The learned judge was wrong when saying that the respondents (police and government) was not liable.
As far as liability is concerned, we have to reverse the High Court decision. We have to remit the case to the High Court," said Mohd Zawawi.
He added the families needed to prove on the general damages, after the families' lawyer N.Surendran sought RM500,000 in damages.
The judge ordered RM40,000 costs for the respondents to pay the family.
The mother of Muhammad Shamil, Norhafizah Mad Razali, along with Hamidah Kadar, the mother of Mohd Hairul and Omar Abu Bakar, the father of Muhammad Hanafi, and three others, filed the suit on Aug 12, 2014.
They sued the Shah Alam district police chief, Selangor state chief, IGP, the government for misfeasance in public office.
Apart from the three defendants, the plaintiffs also named Lance Corporal Mohd Juhaimi Jasmin, Lance Corporal Mohd Aminuddin Affendi Azmi, Constable Halfiz Ibrahim and Constable Nafis Akmal Ismail as defendants.
They sought for a declaration that the defendants had purposely and with bad intention contravened the deceased's fundamental freedom and sought for general, aggravated and exemplary damages.
They claimed the three deceased were killed in the "execution style" as the bullet entered the body at 45 degree angle and directed inwards and downwards and that the bullet wounds were not consistent with the police's story.
After the decision, Norhafizah broke down in tears, saying she waited almost six years to clear her son's name and finally, it happened.
Omar, a former army personnel, said he wanted his son's and family names to be cleared, adding that his son did not do any wrong.
Lawyer Latheefa Koya also represented the family while Senior Federal Counsel Norliza Zulkifli appeared for the respondents.