PUTRAJAYA, March 29 — The Federal Court dismissed today an appeal by the government and the police against a lower court’s decision to award over RM114,000 in damages to the family of schoolboy Aminulrasyid Amzah who was shot dead in a midnight chase nearly eight years ago.
Instead, the top court upheld the Court of Appeal ruling to award the family of the then 14-year-old boy from Shah Alam, Selangor up to RM114,800, which had been revised downward from the original High Court award of RM414,800 in total damages.
The police and the government had sought to pay only 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-judge Bench led by Chief Justice Tun Md Raus Sharif made a unanimous decision and ruled that the law on both Section of the Act is settled.
“There is no need to interpret the two sections. The application for leave is dismissed,” Md Raus said.
The other two judges were the Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judge Tan Sri Ramly Ali.
Aminulrasyid’s mother Norsiah Mohamad, 68, told reporters later that today’s court decision was a bittersweet moment for the family.
“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,” she said outside the courtroom.
Aminulrasyid was shot dead by police on April 26, 2010 just metres away from his home 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 the police officer, Jenain Subi ― who was ranked a corporal then ― 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 a 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.
