Court overturns conviction of cop over death of schoolboy Aminulrasyid

December 05, 2012

SHAH ALAM, Dec 5 — The High Court here overturned today the conviction of police Corporal Jenain Subi for causing the death of 15-year-old schoolboy Aminulrasyid Amzah in April 2010 in a case that brought into sharp focus police rules of engagement.

Justice Abdul Rahman Sebli said the evidence did not support any suggestion that Kpl Jenain’s intention was to kill the boy.

Jenain (picture) was sentenced to five years’ jail by the Sessions Court here last September.

During the trial, the Sessions Court was told that two live bullets and 17 spent shells were found at the housing area in Section 11 here where teenager Aminulrasyid was shot to death in an early morning car chase.

The Form Three schoolboy died in the early hours of April 26 in 2010, believed to be between 1.10am and 2am.

He had been driving a white Proton Iswara with his best friend and neighbour, 15-year-old Muhammad Azamuddin Omar in the front passenger seat. Their car had crashed into the curb at Jalan Tarian 11/2, Section 11.

Jenain, 48, had been charged with culpable homicide not amounting to murder of 14-year-old Aminulrasyid, who took a midnight joyride in a car and was allegedly mistaken for a felon on the run.

In acquitting Jenain today, judge Abdul Rahman concluded it was clear that the appellant had intended to shoot at the car to immobilise it.

“No prima facie case had in fact been established against the appellant and his defence should not have been called,” he said in his ruling.

The judge also said the loss of life was unfortunate but the police must not be blamed for the deceased’s death.

Last year, Jenain was found guilty of culpable homicide not amounting to murder after Sessions Court judge Latifah Mohd Tahar ruled that the use of lethal force to stop Aminulrasyid’s car was excessive and uncalled for.

“The court finds that the situation on Jalan Tarian wasn’t dangerous to anyone, including the accused, and that it was not necessary for the accused to discharge his weapon, let alone fire 21 shots... from his sub-machinegun,” Latifah said in her judgment.

The judge said she had tried to balance public interest and the fact that Jenain had been discharging his duties as a policeman the night of the incident before sentencing the corporal to five years in jail.

Under section 304(a) of the Penal Code, the charge for culpable homicide not amounting to murder carries a maximum penalty of up to 30 years’ imprisonment and a fine.

Jenain had admitted to firing 21 bullets from his HK MP5 sub-machinegun at Aminulrasyid’s Proton Iswara in an effort to stop the car — which had earlier run a roadblock — but denied trying to kill the teenager.

A second policeman involved in the chase, Constable Izham Mahayuddin, had also fired his MP5 at the car but was not charged.

Aminulrasyid’s death triggered public outcry over alleged police brutality, prompting Prime Minister Datuk Seri Najib Razak to pledge that investigations would be carried out openly and transparently.