Police go scot-free again with violence to civilians

The police have got away again with violence against civilians, with the acquittal of third policeman accused of violence against citizens.

On Wednesday the High Court acquitted on appeal a Shah Alam policeman who let fly with a submachinegun, killing schoolboy Aminulrasyid Amzah while the boy was on a late-night joy ride in his sister’s car two years ago.

Last week, two policemen were acquitted without their defence being called to a charge of assaulting a Guang Ming Daily photographer at the Bersih rally in April.

In the Aminulrasyid case, Corporal Jenain Subi had been convicted and sentenced to five years’ jail last year on a charge of culpable homicide. On Wednesday the high court judge said the policeman had shot in order to stop the car and had no intention to kill the boy.

(However, the Penal Code also describes culpable homicide as an act done “with the knowledge that it is likely to cause death”.)

What the Penal Code says about culpable homicide

The judge also said no case had been proven against the policeman, who had testified that he had opened fire with his submachine gun at the car.

The acquittal was criticised by the Lawyers for Liberty group. Its adviser, Eric Paulsen, called on the attorney-general to appeal the acquittal immediately, saying: “How can anyone fire 21 shots to stop a car without knowing it will cause hurt or death, and that too after the car reduced its speed? This was admitted by Jenain in court,” said Paulsen.

Lawyers for Liberty also demanded an explanation or retraction of a claim by the Selangor chief police officer Khalid Abu Bakar that a parang was supposedly found in Aminulrasyid’s car. (Khalid, who is now deputy inspector-general of police.)
» Who will police our policemen?

Aminulrasyid’s mother, Norsiah Mohamad, 62 criticised the court decision and appealed for justice for her son. “I am shocked and aggrieved by the decision. I am very sad as the death of my son did not receive the appropriate defence,” she said. “As the mother, I want a commensurate punishment meted out against the accused because my son was not a criminal, he only did not have a driving licence in the incident,” she said.

The family would discuss the possibility of an appeal or review of the decision.

» Police get away with Bersih violence against journos

Cpl Jenain was the third policeman freed of violence charges in a week. Last Friday, Corporal Mohd Khairul Asri Mohd Sobri and Constable Shahrul Niza Abdul Jalil, were acquitted without their defence being called to assaulting photographer Wong Kin Onn who was covering the Bersih rally in April.

The acquittal was based on the failure by Wong to identify his attackers, and also on what they court said were discrepancies in Wong’s testimony.

Fourteen members of the press covering the Bersih rally have reported being assaulted by police during the rally. No other arrests have been made, and no one in the government has apologised for the actions by the police.

- Uppercaise