PUTRAJAYA: The Court of Appeal has amended the quantum of damages from RM1.5mil to RM630,000 which had been awarded to the families of three youths – one a teenager – who died in a police shooting 13 years ago.
A three-judge panel chaired by Justice Azizah Nawawi made the adjustment after allowing parts of the appeal by the prosecution in the case. “We find merits in the appeal and we allow the appeal in parts,” she said.
In the decision, the panel set aside RM100,000 in general damages for each family and substituted it with RM10,000 each for bereavement damages.
Two other types of damages, exemplary and estate claim under Section 8 of the Civil Law Act which stood at RM100,000 for each family, were also set aside.
After the deductions, the damages for the families stood at RM630,000 in total, with each family receiving RM210,000.
“The rest of the order of the High Court is affirmed,” she said here yesterday.
Other judges on the bench were Justices S. Nantha Balan and Mohamed Zaini Mazlan.
On Nov 13, 2010, Muhammad Shamil Hafiz Shapiei, 15; Mohd Hairul Nizam Tuah, 20; and Muhammad Hanifi Omar, 22; were shot dead by the police in the Glenmarie industrial zone in Shah Alam, Selangor.
Their families filed a joint civil lawsuit on Nov 12, 2013, at the Shah Alam High Court.
The lawsuit was filed by Muhammad Shamil’s parents Shapiei Zainal Abidin and Norhafizah Mad Razali, Mohd Hairul Nizam’s mother Hamidah Kadar and his sister Norhaliza Tuah, and Muhammad Hanifi’s parents Omar Abu Bakar and Noriah Darus.
They named the Shah Alam district police chief, the Selangor police chief, the Inspector-General of Police and the government of Malaysia as respondents.
Seven police officers were later identified as being involved in the shooting and subsequently named as respondents, making it a total of 11 respondents.
The lawsuit was first dismissed by the Shah Alam High Court on Aug 11, 2015, which found the police officers’ testimony that the firing at the three youths, allegedly armed with machetes, was to protect themselves, as credible and believable.
However, on Sept 1, 2016, the Court of Appeal overturned the ruling and found the police liable. The case was sent back to the High Court for damages assessment.
The compensation came to a total of RM207,000 for all three families.
Dissatisfied with the amount, the families appealed to the High Court for a reassessment and on June 30, 2021, the court awarded the RM1.5mil total compensation.
Senior Federal Counsel Noerazlim Saidil appeared for the appellants. Zaid Malek appeared for the families.
