PUTRAJAYA – The Court of Appeal today allowed an appeal by the government and police to reduce the damages awarded to the families of three youths killed in a shootout in Shah Alam 13 years ago.
A three-member bench comprising justices Datuk Azizah Nawawi, Datuk S. Nantha Balan, and Mohamed Zaini Mazlan, in allowing the appeal, reduced the amount to RM649,200.
The appellants, found liable for wrongfully causing the youths’ deaths, sought to overturn a high court decision made on June 30, 2021, to award RM1.52 million to the victims’ families – each getting about RM500,000 in damages.
The three youths killed in the incident at the Glenmarie industrial zone on November 13, 2010, were Muhammad Shamil Hafiz Shapiei, 15, Mohd Hairul Nizam Tuah, 20, and Muhammad Hanafi Omar, 22.
Justice Azizah, who delivered the court’s unanimous decision, also set aside the RM100,000 in damages awarded by the high court to the families for estate claims under Section 8 of the Civil Law Act and RM100,000 in exemplary damages.
The court also set aside the RM100,000 in general damages awarded to the families and substituted it with RM10,000 for each estate for bereavement.
Justice Azizah said the sum of RM100,000 for aggravated damages and RM100,000 for misfeasance in public office is maintained.
She also maintained RM11,200 in dependency claims for victim Hairul’s family and RM8,000 in dependency claims for Hanafi’s family.
This means each family would now get RM210,000 in compensation.
The victims’ families initially lost their suit in the high court in 2015. However, in 2016 the Court of Appeal overturned the decision and held that police and the government were liable for causing the deaths.
The court then ordered the case to go for assessment of damages before the high court registrar, who subsequently awarded a total of RM207,000 to the three families.
The families, who were dissatisfied with the assessment amount, had appealed to the Shah Alam High Court for the reassessment and this resulted in the RM1.5 million awarded to them.
On November 12, 2013, the families filed a civil suit in the Shah Alam High Court against the Shah Alam district police chief, the Selangor police chief, the inspector-general of police, the federal government, and police officers.
The suit was filed by Shamil’s parents Shapiei Zainal Abidin and Norhafizah Mad Razali, Hairul’s mother Hamidah Kadar and sister Norhaliza Tuah, and Hanifi’s parents Omar Abu Bakar and Noriah Darus.
Police in their defence said they suspected the youths of being members of “Geng Minyak” – said to be involved in a series of petrol-station robberies – but the families refuted this and said the youths had no criminal records.
The families claimed that the youths were killed “execution-style” as the bullets entered their bodies at 45° and were directed inwards and downwards.
Senior federal counsel Noerazlim Saidil appeared for the government and police, while lawyer Zaid Malek represented the families of the three youths. – Bernama, March 23, 2023
