A three-man bench, chaired by Chief Justice Raus Sharif, said a question of law on Section 7 and 8 of the Civil Law Act 1956 had been decided.
“There is no need to interpret the two sections. The application for leave is dismissed,” said Raus, who sat with Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judge Ramly Ali.
The government’s stand was that the estate of Aminulrasyid was only entitled to bereavement and funeral expenses, which amounted to RM14,000.
Last June, the Court of Appeal reduced the damages to RM114,000, which included RM100,000 in general damages which the government was not prepared to pay.
In 2016, the Shah Alam High Court had awarded RM414,800 in damages to Aminulrasyid’s family members after finding Corporal Jenain Subi liable for the teen’s death.
It also found the then-Selangor police chief Khalid Abu Bakar liable for public misfeasance.
Khalid, who later became the inspector-general of police, has since retired.
During the trial, Jenain admitted that he should not have shot at the Proton Iswara, driven by Aminulrasyid on April 26, 2010.
In 2013, Aminulrasyid’s mother, Norsiah Mohammad, and his sister, Nor Azura, had sued Jenain, Khalid, the Shah Alam district police chief, the IGP and the government for RM50 million, citing negligence, assault and battery.
In November 2013, Jenain was freed by the Court of Appeal for causing Aminulrasyid’s death when he pursued the teenager in a car chase on Jalan Tarian 11/2, Section 11, Shah Alam.
Lawyer Gopal Sri Ram appeared for Norsiah and Nor Azura today while federal counsel Alice Loke Ying Ching appeared for the government.
Nor Azura said she was glad the five-year legal battle was over and that the High Court and Court of Appeal, through the civil suit, had found that a policeman was liable for her brother’s death.
“My brother is no more here but we fought to prove that Jenain was negligent,” she said.