Thursday, 1 July 2021

The Price of Being Dayus

 https://www.thestar.com.my/news/nation/2021/06/30/families-of-youths-fatally-shot-by-police-at-glenmarie-in-2010-get-over-rm15mil

This is not the only case of Police brutality in Malaysia, but this is the only case where justice has been served. This justice cannot be achieved if the families did not fight their cases of injustice to the highest courts in Malaysia. It also shows that justice is not lost forever in Malaysia. There are still judges who still want to uphold justice.

Families of youths fatally shot by police at Glenmarie in 2010 get over RM1.5mil

SHAH ALAM (Bernama): The High Court here has awarded over RM1.5mil in damages to the families of three youths who were shot dead by police 11 years ago.

Judge Datuk Khadijah Idris made the ruling on Tuesday (June 29), after allowing the appeal by the families who were representing the youths in the suit, namely, Muhammad Shamil Shapiei, Mohd Hairul Nizam Tuah and Muhamad Hanafi Omar.

Counsel Zaid Malek, representing the families of the youths, told reporters via WhatsApp on Wednesday (June 30) that Justice Khadijah allowed the appeal by the youths’ families to set aside the decision by the registrar of the High Court, which awarded RM207,000 to the families.

"The families who were dissatisfied with the amount had appealed to the Shah Alam High Court for the damages to be reassessed and which resulted in the total sum of RM1,519,200 million awarded yesterday, ” he said.

On Aug 11, 2015, Shah Alam High Court judge Rozana Ali Yusoff dismissed the suit and ordered the plaintiffs to pay costs of RM20,000 to the defendants.

However, on Sept 1, 2016, the Court of Appeal in allowing the appeal by the families held that the police were liable for the shooting deaths of three youths and ordered the case to be remitted to the Shah Alam High Court for assessment of damages before a registrar.

Zaid also hoped that the Attorney-General’s Chambers would not appeal against the decision so that the matter could finally be put to rest.

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

He said of the total RM1,519,200 million awarded, each family would receive over RM500,000 for general damages, estate claims, public misfeasance, aggravated damages and exemplary damages, and another RM11,200 in dependency claims for Mohd Hairul Nizam's family and RM8,000 for Muhamad Hanafi's family.

"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.

The lawsuit for assault, battery and negligence was filed in November 2013 against the police and the government by the families of Muhammad Shamil Shapiei, 15, Mohd Hairul Nizam Tuah, 20, and Muhamad Hanafi Omar, 22, who were reportedly shot by policemen on duty at Glenmarie, Shah Alam, about 4am on Nov 13, 2010.

The families of the plaintiffs also named the Shah Alam district police chief, Selangor police chief, Inspector-General of Police, the government of Malaysia and the police officers yet to be identified as the defendants.

In the statement of claim, the plaintiffs, among others, alleged that the three youths died as a result of the policemen's actions and without justification. - Bernama

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Court , damages , families , three youths , shot , police

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