Cop gets five years for killing 15-year-old

Police corporal Jenain Subi, 49, was today convicted of causing the death of teenager Aminulrasyid Amzah, who was shot dead in Shah Alam on April 26, 2010, during a high speed car chase.

The Shah Alam Sessions Court found him guilty of culpable homicide, under Section 304 (a) of the Penal Code, in the death of Aminulrashid.

Judge Latifah Mohd Tahar sentenced Jenain to five years' jail for the crime, which carries a maximum jail term of 30 years.

She also allowed a stay of the sentence pending appeal and set bail at RM10,000.

Latifah ruled that Jenain (left), dressed in a white kopiah and a dark chequered shirt, had committed the crime between 1.10am and 2am at Jalan Tarian 11/2, about four months shy of the teen's 15th birthday.

She said the prosecution had proved beyond reasonable doubt that the bullet that caused the student's death was one of 21 shot by Jenain that night, using a sub-machine gun.

Latifah said as a police officer, Jenain should have known that firing shots on automatic mode was “dangerous” and “fatal”.

The court found that it was “unnecessary” for Jenain to open fire as other policemen on duty during the incident testified that the car driven by the deceased had slowed down at Jalan Tarian.

“The accused had also agreed in his testimony that the situation at Jalan Tarian was no longer dangerous as there was no other vehicle on the road, other than the (car driven by the deceased) and police patrol cars,” she said.

Aminulrasyid was gunned down during a high speed police chase some 500 metres from his home.

Deputy public prosecutors Mohd Dusuki Mokhtar, Idham Abd Ghani and Adilla Ahmad, appeared for the prosecution, while Jenain was represented by M Athimulan, Salim Bashir and Halim Ashgar Mohd Hilmi.

Also present today were Aminulrasyid's family members, who were shedding tears, and the famly lawyer, N Surendran.

Jenain's wife was seen weeping profusely after the judgment was delivered, while her husband appeared calm.

Jenain, who hails from Kota Belud, Sabah, and has 25 years experience in the force, appealed for a lighter sentence, saying he had four children aged three to 15 years to look after.

In arguing for a lighter sentence, defence lawyer Salim said Jenain had acted in the line of duty "in service to the nation".

'Heavy sentence should be meted out'

"He has been patrolling the streets of Shah Alam for eight months... as we soundly slept... I am speechless," Salim told the court.

Co-counsel Athimulan added that Jenain had not fired his submachine gun "indiscriminately... with the intention to kill a small boy".

"He may have erred in exercising his duty, but he purely had no intention to kill the boy," Athimulan said.

Deputy public prosecutor Idham argued for justifiable punishment as it was a "serious offence" that was "committed without provocation".

Idham said a heavy sentence should be meted out as a lesson to all that no one is above the law.

The high profile case had invited public scrutiny on police standard operating procedures, and led to calls for the Inspector-General's Standing Orders to be made public.

There was also an uproar, following then-Selangor police chief Khalid Abu Bakar's initial claim that Aminulrasyid had tried to rear end the police, causing them to shoot in self-defence.

Khalid also said that a parang (machete) was found in the Proton Iswara driven by the teenager, but the car owner, who is the boy's sister, denied any knowledge of the parang.