Victims’ families win suit against cops over fatal shooting

Victims’ families win suit against cops over fatal shooting

Court of Appeal overturns ruling by High Court last year, allows families' claims for assault, negligence and breach of statutory duties on the part of the policemen.

gun-shot-court
PETALING JAYA:
The families of three victims in a fatal shooting incident won their appeal against a High Court decision last year to dismiss their civil suit against the police, The Star Online reported.

A three-panel Court of Appeal ruled that the trial judge, Justice Rozana Ali Yusoff, had erred in her decision in August 11, last year that the police were not liable over the shooting incident which took place in Glenmarie, Shah Alam six years ago.

Justices Mohd Zawawi Salleh, Vernon Ong Lam Kiat and Abdul Rahman Sebli, ordered the 11 defendants, which included the government and Selangor police chief, to pay damages to the families of the victims – Muhammad Shamil Shapiei, 15, Mohd Hairul Nizam Tuah, 20, and Muhamad Hanafi Omar, 22.

According to the daily, the appeals court reached the decision after allowing the families’ claims for assault, negligence and breach of statutory duties on the part of the policemen.

The case has now been remitted to the Shah Alam High Court for the final assessment on the damages to be paid to the victims’ families.

Justice Mohd Zawawi also ordered the defendants to pay RM40,000 to the plaintiffs to cover the legal costs.

The suit was filed by Shamil’s parents, Shapiei Zainal Abidin, 44, and Norhafizah Mad Razali, 42; Hamidah Kadar, 63, and Norhaliza Tuah, 32, who are Hairul Nizam’s mother and sister, respectively; and Hanafi’s parents, Omar Abu Bakar, 63, and Noriah Darus, 54.

The plaintiffs named the Shah Alam district police chief as the first defendant in the suit.

The others were the Selangor Police Chief, the Inspector-General of Police, the government, Lance Corporal Mohd Juhaimi Jasmin, Lance Corporal Mohd Aminuddin Affendi Azmi, Constable Halfiz Ibrahim and Constable Nafis Akmal Ismail, as well as the three policemen who pulled the trigger on the victims – Inspector Azrin Ezahar, Corporal Kamarul Zaman Awang and Lance Corporal Khairul Azahar Jali.

In the statement of claim, the plaintiffs, among others, alleged that the death of the three youths was a result of the policemen’s actions and were without justification, the news portal reported.

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.