Aminulrasyid - one death, two legal outcomes

The family of 14-year old shooting victim Aminulrasyid Amzah had successfully sued for damages in civil court over his death, although the criminal murder trial against his shooter Corporal Jenain Subi had failed to secure a conviction, ending with the cop walking away a free man.

According to lawyers, the differences in the outcome of the two cases boils down to the different standards of proof in civil and criminal trials.

“It’s just easier for the court to find liability in civil cases because the burden of proof is lower. That’s the bottom-line,” said lawyer Michelle Yesudas.

She explained that Jenain had been charged under Section 304 of the Penal Code, which deals with culpable homicide not amounting to murder.

In order to secure a conviction, prosecutors would have to prove beyond reasonable doubt that Jenain had the intention to kill or grievously harm Aminulrasyid.

“That is just harder to make out, and the court just did not find that prosecution has fulfilled the ingredients (for securing a conviction). So that’s why he was let off,” she told Malaysiakini when contacted yesterday.

Another lawyer, Syahredzan Johan, concurred, saying that proving an offence beyond reasonable doubt is a very high standard to meet.

“It is a very specific offence and the elements that must be proven are also specific.

“Compare that with the civil suit brought by the family, where the action is premised on whether the police had caused the death of the deceased and whether they are justified in doing so,” he said.

Decided on balance of probabilities

In contrast with the strict requirements in criminal cases he explained, civil cases are decided on the balance of probabilities - namely, the court has to decide whether the plaintiff's version of events is more likely to be true, or the defendant’s.

Arguing the same, Michelle added that as specified in the Inspector-General of Police's Standing Orders (IGSO), the police may use lethal force only when responding to crimes involving an offence punishable by death - such as murder, armed robbery and kidnapping - is being committed.

“That why in civil law, it is easier to meet the threshold because you just need to prove that Cpl Jenain was the one doing the shooting.

“In cross-examination, it was very, very clear. So much so that Cpl Jenain confessed that he shouldn’t have (shot at the car).

“I don’t think that came up as evidence in the criminal case,” she said.

To a question if the Shah Alam High Court decision on Thursday which awarded over RM400,000 to the family in damages had any bearing on the criminal case, Michelle said there is none.

This is because the two cases are entirely separate, with the criminal case attempting to establish whether Jenain is guilty of homicide, while the civil case determined whether he is liable for causing death through negligence.

Aminulrasyid was shot dead in April 2010 following a car chase in Shah Alam. -Mkini