Corporal guilty of causing Aminulrasyid's death, jailed 5-years (Update)
Posted on 15 September 2011 - 12:06pm
Last updated on 15 September 2011 - 08:15pm
Last updated on 15 September 2011 - 08:15pm
SHAH ALAM (Sept 15, 2011): Police corporal
Jenain Subi who fired the shots which killed student Aminulrasyid Amzah,
15, in April last year was today sentenced to five years’ jail.
In handing down the sentence after finding him guilty of
manslaughter, Sessions Court judge Latifah Mohd Tahar said she took into
consideration the need for the penalty to strike a balance between the
public and the accused’s interests.
Jenain, 49, had been charged with culpable homicide not amounting to
murder for the death of Aminurasyid at Jalan Tarian 11/2 between 1.10am
and 2am on April 26, last year.
“The court has taken into consideration that the accused was a
policeman for 25 years. However, it must be remembered that weapons
given to the police must be used reasobably for official duties,” said
Latifah, who ordered Jenain to serve his sentence from today.
Latifah allowed an application by Jenain’s lawyer M.Athimulan for a
stay of execution of the sentence pending appeal to higher court. and
set bail at RM10,000.
DPP Idham Abdul Ghani meanwhile said he will seek instruction on
whether to cross appeal against the five year jail sentence (the charge
under section 304 (a) of the Penal Code carries a maximum of 30 years
jail sentence, upon conviction).
Outside the court, Aminulrasyid’s mother Norsiah Mohamad, 62, in an
immediate reaction, said she only wants her son’s name to be cleared.
“He is not a criminal, please clear my son’s name. That is all I
asked for,” she said of the claim by police that her son was a robber
and a criminal.
Aminul’s uncle, Kamarudin Hassan, 46, said the family will discuss and decide on their next course action to clear his name.
“Thank God justice has been done over his death,” said Kamarudin, adding the family respects the court’s decision.
Earlier, in handing down her decision, Latifah said Jenain had failed to raise a reasonable doubt against the prosecution case.
She said Jenain, who testified under oath, had agreed that there was
no other vehicle on the road, there was no danger and no other people on
the road, and thus, there was no need to discharge 21 shots
automatically.
“As a policeman, the accused was aware that the sub-machine gun is
quite dangerous and fatal as the bullets are released continuously,” she
said.
“It is clear that the bullet, which went into the victim’s head came from the accused,” said Latifah.
In mitigation, Athimulan urged the judge to strike a balance between the interests of the accused and the public interest.
“He was carrying out his lawful duty for society. He was a law
enforcement officer trying to apprehend a violator of the law,” he said,
adding that Jenain did not know in his mind (at that time) that the
“violator” was a boy.
“Should he be punished for carrying out a legitimate duty of
apprehending a person, who was reasonably a law violater?” Athimulan
asked.
Lawyer Salim Bashir, who also represented Jenain, pleaded for a
lighter sentence, saying his client was not a trigger-happy policeman
and had no previous conviction.
He said Jenain, whose wife is a teacher, was a father of four children, the eldest of whom is 15 and the youngest was three.
DPP Idham however pressed for a deterrent sentence, saying the accused had committed a serious offence.
“A 15-year-old child died due to the accused’s act. There was no act
of provocation by the victim, “ he said, adding that Jenain was not in a
situation where his safety or that of other people had been threatened
when he discharged his firearm.
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