Court upholds damages to family of slain teen Aminulrasyid

After eight years, the family of deceased teenager Aminulrasyid Amzah will finally receive their rightful damages after the Federal Court today dismissed the appeals of the police and the government and upheld the RM114,800 awarded.

The 14-year-old was gunned down by police in April 2010 following a car chase in Shah Alam. He had been driving his sister’s car without a driving licence.

Initially, the High Court in Shah Alam granted an amount of RM414,800 in total damages but this was reduced to RM114,800 by the Court of Appeal.

The police and government today applied for leave to appeal against the general damages of RM100,000 ordered to be given to the family by the Court of Appeal based on Section 7 and Section 8 of the Civil Law Act.

As such, the government only wanted to pay RM14,800.

However, the three-member bench led by Chief Justice Md Raus Sharif ruled that the law on Sections 7 and 8 is settled.

"There is no need to interpret the two sections. The application for leave is dismissed," Justice Md Raus said.

The two other judges in the unanimous decision were Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judge Ramly Ali.

Senior federal counsel Alice Loke, who appeared for Corporal Jenain Subi Shah, the Alam district police chief, the then Selangor police chief Khalid Abu Bakar and the Malaysian government, wanted to pose two questions of law to be decided.

These are:

• Whether the provisions of Section 7 and Section 8 of the Civil Law Act allows the court to make an award of general damages in a claim based on tort where death is instantaneous; and
   
• Whether the defence of contributory negligence can be relied on in a claim based on an intentional tort of assault and battery.

Former Federal Court judge Gopal Sri Ram, who appeared for  Aminulrasyid's family, said the question on general damages is settled and it is clear that under Section 8, it can be awarded to the estate of the deceased (photo).

The boy's mother, Norsiah Mohamad, said the family's pursuit of justice was fulfilled but they were upset that the government was today trying to reduce the amount to RM14,800.

"We accept that no amount of money can bring back Aminulrasyid, but what they are seeking in not wanting to pay for general damages by gunning down my child merely for not possessing a driving licence is as if to show my boy is guilty of a crime," she said.

Norsiah also said she preferred not to receive any certificate or letter from Prime Minister Najib Abdul Razak, who pledged to her that the shooting would be investigated, seeing as how the government had now appealed against paying general damages.

"I would prefer to tear the certificate and not receive it when I heard the submission in court, as it hurts me so much," she said.

Norsiah said that when she looked at Aminulrasyid's peers, where one of them had become a doctor, she wondered how her son's potential could have been.

"I had carried him for nine months and now he is no more. No one can understand how I feel as a mother. There are also others branding me as a rich parent after the court ordered the award and they also questioned my parenting.

"The fact remains whether my boy deserved to be gunned down for not possessing a driving licence. He is not a thief, rapist or murderer," she said.

She added that she and her daughter Norazura Amzah felt that it was not proper of the government to appeal that the family was not entitled to exemplary damages, for it was as if the government was releasing its burden of being responsible for Aminulrasyid's death.

Sri Ram appeared together with N Surendran, Latheefa Koya and Shahid Adli Kamarudin. -Mkini