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Friday, July 10, 2015

‘I would not have shot at a teenager’

Police officer tells High Court he shot at the car’s tyres and did not expect to hit young driver
Aminulrasyid-Amzah
SHAH ALAM: A police officer told the High Court yesterday that he would not have discharged his weapon had he known that the driver of the car he was pursuing was in actual fact a teenager.
Auxiliary Constable Mohd Izham Mahayadin also told the court that he did not know who was in the car at the time the shots were fired.
Izham, 31, said this when testifying in a civil suit brought by the mother and sister of teenager Aminulrasyid Amzah, who died of gunshot wounds after allegedly being shot at by police in the course of a car chase five years ago.
The suit named Corporal Jenain Subi, then former Selangor police chief Khalid Abu Bakar, the Shah Alam district police chief, the then Inspector General of Police and Malaysian government as defendants.
Re-examined by senior federal counsel Normastura Ayub, the officer said that he only realised the victim was a teenager when he saw the latter’s body lying at the crash scene.
Izham, who serves in the Shah Alam police district’s patrolling unit, also told the court that he had fired shots at the tyres of the Proton Iswara driven by Aminulrasyid because he wanted to stop the fast-moving vehicle.
Questioned by Zulkifly Omar, counsel for the first defendant, Izham claimed that he did not expect those shots to hit anyone inside the car.
To another question by Zulkifly, the police officer said that, at the time, the car had been travelling at between 120 to 140 km/h, which, he conceded, by itself did not indicate that those travelling in it were running away from the scene of any crime.
Earlier, when questioned by plaintiffs’ counsel N. Surendran, Izham said that he had initially pursued the car driven by Aminulrasyid because it had run a red light in front of the SIRIM building in Seksyen 2, Shah Alam.
He admitted that, at the time, he had not received any information to indicate that the driver or passenger had committed any criminal offence.
The officer also acknowledged that he was unaware of the contents of standing orders issued by the inspector general as to when a weapon may be discharged.
He, however, disagreed with Surendran when the latter suggested that he should not have resorted to gunfire that night.
The lawsuit initiated by Aminulrasyid’s mother and sister, Norsiah Mohamad and Nor Azura Amzah, seeks damages to the tune of almost RM50million against the defendants for the teenager’s death.
Jenain was initially convicted by the Sessions Court here on Septemver 13, 2011 of having caused Aminulrasyid’s death.
He was, however, acquitted by the High Court and Court of Appeal in 2012 and 2013, respectively.
The hearing was adjourned to August 14 and 19.

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