Court awards RM1.5m damages to families of three youths shot by police 11 years ago

SHAH ALAM (June 30): The High Court here yesterday awarded a total of RM1,519,200 in damages to the families of two men and a teenage boy who were fatally gunned down by police in 2010.

The decision was delivered by Justice Datuk Khadijah Idris, who overturned an earlier assessment made by the High Court registrar of a sum of RM207,000 to the three families.

Counsel Zaid Malek who represented all three families confirmed the outcome of yesterday's decision where the court awarded the total sum for a claim of public misfeasance, aggravated damages and exemplary damages

Of the RM1,519,200, the court awarded RM19,200 as loss of dependency claim to the families of 22-year-old Mohd Hairul Nizam Tuah, and 21-year-old Muhammad Hanafi Bin Omar. The third deceased was identified as 15-year-old Muhammad Shamil Hafiz Shapiei.

Meanwhile, each family will receive RM500,000 in total aggravated, exemplary and misfeasance damages.

The assessment of damages at the High Court was made after the Court of Appeal had on Sept 1, 2016, found that the police had illegally shot the trio.

The three-member bench led by Justice Datuk Seri Mohd Zawawi Mohd Salleh overturned the High Court decision that dismissed the civil suit filed by the three families.

“The learned judge was wrong that the respondent was not liable. Hence, we have to reverse the decision of the High Court,” Justice Zawawi, now a Federal Court judge, had said.

The other two judges, Datuk Vernon Ong Lam Kiat and Datuk Abdul Rahman Sebli, are also now Federal Court judges.

Zaid hopes that the Attorney General Chambers does not appeal the quantum, so that the matter may finally be put to rest.

“We also call upon the government and the police to take immediate disciplinary and criminal action against the police officers responsible for the illegal execution,” he said.

Federal Counsel Natrah Mazman appeared for the police and government.

On Nov 12, 2013, the families of the trio filed the suit where they named the Selangor police, the Inspector General of Police and government as respondents.

They were gunned down at Jalan Kerjaya, Glenmarie, after allegedly being said to have robbed a petrol station.

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