Putrajaya ordered to pay RM1.5m to families of trio who died in 2010 police shooting in Glenmarie, up from initial RM207k
KUALA LUMPUR, June 30 ― The High Court yesterday decided that the government will have to pay over RM1.5 million in compensation to the families of three young men who died after a police shooting in 2010, which is an increased sum compared to the initial RM207,000 compensation amount.
This comes after almost eight years of legal battles since the shooting nearly 11 years ago.
Lawyer Zaid Malek, who represented the three families, confirmed that Shah Alam High Court judge Datuk Khadijah Idris had yesterday awarded damages totalling RM1,519,200 to the families.
“After almost 11 years, the families of the victims of the Glenmarie shooting finally receive a modicum of justice for the immense trauma and loss that they had to endure due to the actions of the police,” he said in a statement.
On November 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.
On November 12, 2013, the families of the three youths had filed a joint civil lawsuit in the High Court in Shah Alam against five respondents, namely Shah Alam district police chief, the Selangor police chief, the inspector-general of police, the government of Malaysia and police officers yet to be identified.
Subsequently, the total number of respondents stood at 11, as seven police officers were subsequently identified and added as respondents to the lawsuit, namely Inspector Azrin Ezahar, Corporal Kamarul Zaman Awang, Lance Corporal Khairul Azahar Jali, Lance Corporal Mohd Juhaimi Jasmin, Lance Corporal Mohd Aminuddin Affendi Azmi, Constable Halfiz Ibrahim and Constable Nafis Akmal Ismail.
The lawsuit was filed by Shamil’s parents Shapiei Zainal Abidin and Norhafizah Mad Razali, Hairul’s mother Hamidah Kadar and Hairul’s sister Norhaliza Tuah, and Hanifi’s parents Omar Abu Bakar and Noriah Darus.
In explaining the total sum of RM1,519,200 awarded to the three families, Zaid said the court had ordered for each family to receive RM500,000 in damages, and RM11,200 in dependency claims for Hairul’s family and RM8,000 in dependency claims for Hanafi’s family.
The RM500,000 awarded to each of the families are RM100,000 for estate claims under Section 8 of the Civil Law Act, RM100,000 over misfeasance in public office, RM100,000 for general damages ,RM100,000 for aggravated damages and RM100,000 for exemplary damages.
On August 11, 2015, Shah Alam High Court judge Datuk Rozana Ali Yusoff had dismissed the three families’ civil lawsuit, reportedly ruling that the police officers’ testimony of firing at the three youths allegedly armed with machetes to protect themselves was credible and believable. The families had however reportedly claimed that the youths were shot “execution” style.
The Court of Appeal on September 1, 2016 decided that the police were liable for the fatal shooting of the three youths, and ordered for the case to be sent back to the High Court in Shah Alam for the compensation or damages amount to be assessed or decided.
Zaid today said that the High Court registrar had only awarded a total of RM207,000 to the three families, and that the family which was dissatisfied with the assessment amount had appealed to the High Court in Shah Alam for the damages to be reassessed and which resulted in the RM1.5 million total amount awarded yesterday.
“We hope that the Attorney General’s Chambers do not appeal this decision so that the matter may finally be put at 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 in the statement.
Federal counsel Natrah Mazman represented the government and the police.
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