The High Court in Shah Alam set Dec 5 to decide on an appeal by Corporal Jenain Subi against the conviction and five-year jail sentence imposed on him for causing the death of 15-year-old Aminulrasyid Amzah two years ago.

Judge Abdul Rahman Sebli fixed the date after hearing submissions from both parties.

The prosecution in the case also filed a cross appeal on the sentence handed down by Sessions Court judge Latifah Mohd Tahar on Sept 15 last year.

Lawyers M Athimulan and Salim Bashir appeared on behalf of Jenain, while deputy public prosecutors Mohd Dusuki Mokhtar and Idham Abd.Ghani represented the respondent.

NONE Jenain, 49 ( left ), from the Patrol Car Unit, Shah Alam District Police Headquarters, was found guilty of causing Aminulrasyid's death between 1.10am and 2am on April 6, 2010 at Jalan Tarian 11/2, Section 11 in Shah Alam.

Aminulrasyid died of a gunshot wound to the head.

Earlier, Athimulan submitted that there was no eyewitness who could prove that Jenain shot the victim.

He said there was also no forensic proof to link the bullet that hit Aminulrasyid’s head with the weapon used by Jenain.

“The learned judge has failed to consider the points I have mentioned. The prosecution evidence itself shows Jenain has no intention to cause death to the victim. He was carrying out a lawful act of stopping the car that was moving at a high speed.

“The purpose is to basically stop the vehicle. Even if the shooting was Jenain’s act, it was unintentional and accidental. This person was carrying out his duty after hearing a command,” he said.

Meanwhile, Idham, in his submission, said that the accused himself, in his defence, admitted that the car driven by the victim was not going at high-speed as the area at Tarian was a housing area.

He said in such a situation, Jenain should not have fired the shots, and instead mounted a road block.

Dusuki submitted that the decision of the Sessions Court was appropriate and accurate.

- Bernama