Family-members of three boys shot dead by police three years ago in Glenmarie, Selangor, have filed a joint suit, seeking damages for negligence and breach of statutory duty.

NONEShapiei Zainal Abidin and Norhafizah Mat Razali filed the action in the High Court registry in Shah Alam today over the killing of their son Muhammad Shamil Hafiz, together with Omar Abu Bakar (left) and Noriah Darus, for the death of their son Muhamad Hanafi.

With them in the action are Hamidah Kadar, the mother of the third youth killed, Mohd Hairul Nizam Tuah, and his eldest sister Norhaliza Tuah.

The families named the Shah Alam district police chief, Selangor police chief, the inspector-general of police and the government as defendants, along with the unidentified police personnel involved in the shooting.

Lawyers Latheefa Koya, Eric Paulsen and Michelle Yesudas are representing the six plaintiffs.

They are seeking special damages of RM21,000; general, aggravated and exemplary damages; and malfeasance damages, interest and costs of the action.

Bullets fired at heads and chests of the three

The parents in their joint action claim that on Nov 13, 2010, their children Shamil, Hairul and Hanafi, were shot dead with bullets fired at their heads and chests.

Subsequently, several press reports quoted Selangor deputy police chief A Thaivegan as saying the youths were armed with machetes and had tried to attack the police after earlier robbing petrol kiosks in Monteres and in Bukit Subang.

Shamil, who was then 15, had seven wounds, including the fatal shot to his head, while Hairul, 20, also had three wounds including to the head, thorax and stomach, while Hanafi had seven wounds, with the fatal shots being on his head and chest. 

NONEThis is according to the post-mortem reports done at the Klang Hospital. The lawyers for the families have alleged they were shot at close range.

The families claimed that police were negligent and acted rashly in not following proper procedures in carrying out their shooting.

They also alleged the police force failed to control its officers in an arrest operation, and claimed the police failed to have a proper system to catch criminals and deal with suspects in arrests.

The families claimed that police were negligent and not competent in recognising the right to life, safety and health of the deceased and the police by their actions failed to recognise the provisions of the law and the constitutional rights of suspects.

The families also said the actions of the defendants had resulted in them facing nervous shock and depression as a result of the deaths of their children.

The Home Ministry and police have previously argued off the claims made by the families of Shamil, Hairul and Hanafi and their lawyers, and have defended the shooting action.