Malaysia
Federal Court upholds damages of RM114,800 for Aminulrasyid’s family
Aminulrasyid Amzahs sister Nor Azura Amzah and mother Norsiah Mohamad. March 9, 2015.u00c2u00a0u00e2u20acu201du00c2u00a0Picture by Ida Lim

PUTRAJAYA, March 29 — The Federal Court has dismissed the government and police's appeal against the grant of damages to the family of the late Aminulrasyid Amzah today.

After an eight year ordeal, Aminulrasyid's family will be receiving damages up to RM114,800 which was granted to them by the Court of Appeal.

Originally the High Court in Shah Alam had granted the family RM414,800 in total damages which was reduced by the Court of Appeal.

The police and the government had only wanted to pay RM14,800 for bereavement expenses and appealed against the amount of general damages amounting to RM100,000 granted by the Court of Appeal based on Section 7 and Section 8 of the Civil Law Act.

The three member bench led by Chief Justice Tun Md Raus Sharif made a unanimous decision and ruled that the law on both sections is settled.

The other two judges were the Chief Judge of Sabah Tan Sri Richard Malanjum and Federal Court judge Tan Sri Ramly Ali.

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

It was a bittersweet moment for the late 15-year-old's mother Norsiah Mohamad, 68, who said justice for the family has been fulfilled but was unhappy over the government's effort to avoid paying damages.

"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 license is as if to show my boy is guilty,” she said.

Aminulrasyid was shot dead by police on April 26, 2010 in Shah Alam in an early-morning car chase after failing to stop at a police roadblock.

In April 2013, Aminulrasyid’s sister Nor Azura Amzah and mother Norsiah Mohamad filed a civil suit against Jenain and four others — namely the Shah Alam police chief, Tan Sri Khalid Abu Bakar who was then the Selangor police chief, the Inspector-General of Police and the government.

The Sessions Court had in 2011 found Jenain guilty of culpable homicide not amounting to murder and sentenced him to five years’ jail, but the High Court had in 2012 acquitted him after ruling that he had opened fire with the intention to immobilise the car instead of with the intention to cause Aminulrasyid’s death.

The Court of Appeal later upheld the acquittal in November 2013, saying in an unanimous ruling that the High Court had not erred in its findings on the intention. Criminal cases that originate at the Sessions Court would end at the Court of Appeal and cannot be appealed at the Federal Court.

The boy's family was represented by lawyer Latheefa Koya today.

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