Families awarded RM1.5m damages over 2010 Glenmarie fatal shooting

 

The families of three boys shot dead by police nearly 11 years ago were yesterday awarded over RM1.5 million in damages by the Shah Alam High Court.

The much-awaited ruling came on the heels of the three families filing the lawsuit against the police and the government in November 2013. 

Muhammad Shamil Hafiz Shapiei, 15, Mohd Hairul Nizam Tuah, 22, and Muhammad Hanafi Omar, 21, were shot dead by police at Glenmarie, Shah Alam, on Nov 13, 2010. 

During yesterday’s decision delivered online to parties, judge Khadijah Idris awarded damages of RM1,519,200 to the families of the three victims.

Previously on Sept 1, 2016, the Court of Appeal had granted judgment in favour of the families, ruling that the victims were illegally shot dead by the police. The matter was then remitted to the Shah Alam High Court for assessment of damages.

The three families’ counsel Zaid Malek today confirmed the outcome of the damage assessment.

“After almost 11 years, the families of the victims of the Glenmarie shooting finally receive a modicum of justice for the immense trauma and loss that they had to endure due to the actions of the police.

“We hope that the Attorney-General’s Chambers (AGC) will not appeal this decision so that the matter may finally be put to rest," he said.

“We also call upon the government and the police to take immediate disciplinary and criminal action against the police officers responsible for the illegal execution.

“The 1.5 million will be split amongst the three families. The remaining are damages awarded for dependency claim, and will be divided according to their respective claims,” Zaid added.

The lawyer said the RM1.5 million is for general damages, estate claims, public misfeasance, aggravated damages and exemplary damages, while RM19,200 is for dependency claims.

Through the suit, the family members jointly sought damages for negligence and breach of statutory duty.

Shapiei Zainal Abidin and Norhafizah Mat Razali filed the action over the killing of their son Shamil, together with Omar Abu Bakar and Noriah Darus, for the death of their son Hanafi.

With them in the action are Hamidah Kadar, the mother of the third youth killed, Hairul, and his eldest sister Norhaliza Tuah.

The families named the Shah Alam district police chief, Selangor police chief, the inspector-general of police and the government as defendants, along with the unidentified police personnel involved in the shooting.

The parents in their joint action claimed that on Nov 13, 2010, their children Shamil, Hairul and Hanafi, were shot dead with bullets fired at their heads and chests.

Subsequently, several press reports quoted Selangor deputy police chief A Thaivegan as saying the youths were armed with machetes and had tried to attack the police after earlier robbing petrol kiosks in Monteres and in Bukit Subang.

Shamil, who was then 15, had seven wounds, including the fatal shot to his head, while Hairul, 20, also had three wounds including to the head, thorax and stomach, while Hanafi had seven wounds, with the fatal shots being on his head and chest.

This was according to the post-mortem reports done at the Klang Hospital. The lawyers for the families have alleged they were shot at close range. 

The families claimed that police were negligent and acted rashly in not following proper procedures in carrying out their shooting.

They also alleged the police force failed to control its officers in an arrest operation, and claimed the police failed to have a proper system to catch criminals and deal with suspects during arrests.

The families claimed that police were negligent and not competent in recognising the right to life, safety and health of the deceased and the police by their actions failed to recognise the provisions of the law and the constitutional rights of suspects.

The families also said the actions of the defendants had resulted in them facing nervous shock and depression from the deaths of their children.

The Home Ministry and police previously argued off the claims made by the families of Shamil, Hairul and Hanafi and their lawyers, and have defended the shooting action.  - Mkini