KKUALA LUMPUR, Sept 1 — A three-judge panel at the Court of Appeal today unanimously ruled that the police are liable for the fatal 2010 shooting of three Malay youths in the Selangor neighbourhood of Glenmarie.
Today’s decision effectively overturns last year’s High Court verdict dismissing a civil suit by the family members of the three boys, who were aged between 15 to 22 at the time of their deaths.
“The learned judge was wrong that the respondent was not liable. Hence, we have to reverse the decision of the High Court,” Datuk Mohd Zawawi Salleh, who chaired the three-man panel, was quoted by news portal Malaysiakini as saying.
The Court of Appeal reportedly ordered the case to be sent back to the High Court for the compensation amount to be assessed.
The panel of judges also included Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli.
The parents of three Malay youths — Muhammad Shamil Shapiei, 15; Mohd Hairul Nizam Tuah, 20; and Muhamad Hanafi Omar, 22 — had filed a civil suit at the High Court on August 12, 2014 against the police following their death in a shooting on November 13, 2010 in Shah Alam, Selangor.
Those named in the lawsuit are seven police officers, the Shah Alam district police chief, the Selangor police chief, the Inspector-General of Police and the federal government.
In their suit, the families sought relief in general, aggravated and exemplary damages. The High Court dismissed their claims as no criminal charges were pressed against the police officers involved.
According to previous news reports, police shot dead the three young men after a car chase in the Glenmarie industrial area.
The police had previously said the shooting was in self-defence, claiming the trio attacked first with machetes. According to past reports, the police suspected the three of involvement in a string of police station robberies.
Previous news reports on the lawsuit showed the Court of Appeal and the families’ lawyer N. Surendran pointing out the three youths were shot at a 45-degree downward angle and were hit fatally in the face and chest, despite the police’s claim that they had not taken aim when firing the gunshots.
Today, Muhamad Hanafi’s father Omar Abu Bakar said that he was unable as a former military man to accept the police’s explanation that the youths had attacked them, noting that his son was not shot from the front but at the right side of the head instead.
“I want his name and that of my family cleared as we are not robbers. This is the lingering perception following this case,” the 63-year-old was quoted saying by Malaysiakini.
