Police corporal Jenain Subi, 49, was today convicted of causing the death of teenager Aminulrasyid Amzah, who was shot dead in Shah Alam on April 26, 2010, during a high speed car chase. The Shah Alam Sessions Court found him guilty of culpable homicide, under Section 304 (a) of the Penal Code, in the death of Aminulrashid.Judge Latifah Mohd Tahar sentenced Jenain to five years' jail for the crime, which carries a maximum jail term of 30 years. She said the prosecution had proved beyond reasonable doubt that the bullet that caused the student's death was one of 21 shot by Jenain that night, using a sub-machine gun.
Latifah said as a police officer, Jenain should have known that firing shots on automatic mode was “dangerous” and “fatal”. The court found that it was “unnecessary” for Jenain to open fire as other policemen on duty during the incident testified that the car driven by the deceased had slowed down at Jalan Tarian.
She also allowed a stay of the sentence pending appeal and set bail at RM10,000.
Meanwhile, the family of the Aminulrasyid Amzah, who was shot dead by police four months short of his 15th birthday, today reiterated their call to the police to clear the boy's name.
"This is all I am asking. He was branded a criminal, a robber... clear his name," said the boy's mother, Norsiah Mohamad, 62.
She said this to reporters after police corporal Jenain Subi, 49, was found guilty by the Sessions Court in Shah Alam today of causing the teen's death between 1.10am and 2am on April 26, 2010, during a high speed car chase in Shah Alam.
Norsiah (left,in black tudung), who is a widow, had made repeated calls for police to retract their initial accusations against Aminulrasyid, but to no avail.
Initial press reports on the incident quoted then Selangor police chief Khalid Abu Bakar as claiming the teenager was a criminal who had tried to rear end the police, causing them to shoot in self-defence. Khalid, who is now deputy inspector-general of police, has refused to apologise to the family for his statements.
Instead, he said, the family should apologise because Aminulrasyid had endangered many lives by driving recklessly and not heeding police calls to stop.
Asked if the sentence of five years' jail meted out to the police corporal was sufficient, Aminulrasyid's uncle, Kamarudin Hassan, 46, said the family respected the court's decision.
With the judgment, Kamarudin said, the family would discuss the matter of taking any civil action against the police. Family lawyer N Surendran said there still was "unfinished business" pertaining to the case.
This included the claim made by Azamuddin Omar, 15, who was in the car with Aminulrasyid that night, that he was assaulted by the police.
"No action has been taken on this," Surendran said, to nods from Aminulrasyid's family members.
Norsiah, who was calm as the judgment was delivered in the packed courtroom, was accompanied by three siblings of the deceased. She was seen quietly wiping away tears as sessions judge Latifah Mohd Tahir read out the facts of the case involving the youngest of her eight children.
Also wiping away tears was older sister Tuty Shahniza Anom Amzah, the owner of the Proton Iswara driven by Aminulrasyid when he was gunned down about 500 metres from his home at Jalan Tarian 11/2, Shah Alam.
The family members appeared stoic, in contrast to Jenain's wife, who could not hold back tears after the judge delivered the guilty verdict. She and other members of her family who accompanied her today, including a boy of school-going age, refused to speak to the media.
'We will fight this to the end'Defence lawyer Salim Bashir was overheard telling her: "Don't worry, puan. We will fight this to the end. Today, justice died."
Jenain, wearing a white kopiah and dark chequered shirt, appeared steady when he spoke to this wife while awaiting sentencing.
In delivering judgement, Latifah expressed her sympathy to both Aminulrasyid's family and Jenain, as a member of the police force.
"But it has to be remembered that the use of firearms cannot be taken lightly, and this incident involved a schoolboy and has attracted public interest," she said.
The case invited public scrutiny of police conduct and raised calls for the Inspector General's Standing Order to be made public.
Latifah said the five-year jail sentence was meted out in consideration that Jenain had no criminal record and had put in 25 years with the force. Jenain was granted a stay of execution of sentence pending appeal, with bail set at RM10,000.
Kematian Aminulrasyid: Kpl Jenain dihukum 5 tahun penjara
source:malaysiakini
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