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Friday, June 2, 2017

Court upholds police liability in Aminulrasyid's death



The Court of Appeal today upheld the decision of the High Court in Shah Alam, which found the police liable for the shooting and death of 14-year-old Aminulrasyid Amzah in 2010, according.
However, the Court of Appeal reduced the damages awarded to Aminulrasyid's mother Norsiah Mohammad and eldest sister Nor Azura from RM414,800 to RM114,800, Bernama said in a report late this evening.
The suit was initiated by Norsiah, 68 and Nor Azura, 47.
Court of Appeal judge Mohd Zawawi Salleh, who led a three-member bench, also retained the RM50,000 in legal costs awarded to the family by the Hight Court.
However, no cost was awarded for the proceedings in the Court of Appeal.
The other two judges were Vernon Ong Lam Kiat and Asmabi Mohamad.
Among the sums reduced by the court was that for general damages, which was reduced from RM150,000 to RM100,000.
The court also set aside the RM150,000 award for abuse of position and RM100,000 in exemplary damages.
The suit was filed against Jenain Subi, who fired the gunshots, the Shah Alam district police chief, the then Selangor police chief who is now also inspector-general of police Khalid Abu Bakar, and the Malaysian government.
Justice Mohd Zawawi concurred with the High Court's decision that there as no justification for Jenain to open fire.

Aminulrasyidn who was driving at 2am on April 26, 2010, was pursued and shot at by police after he refused an order to stop.
The family's lawyer, N Surendran, said they were satisfied the the court's ruling with regard to the authorities' liability but will scrutinise the judgment to decide whether they will appeal to the Federal Court on the reduced quantum of damages.
The police and government were represented by senior federal counsel Normastura Ayub while Jenain was represented by Zulkifly Omar.- Mkini

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