Auxiliary cop says would not have shot a teenager
An auxiliary policeman told the Shah Alam High Court yesterday that he would not have shot at a speeding white Iswara car if he knew the driver was a teenager.
Auxiliary police constable Mohd Izham Mahayadin, 31, was testifying in a civil suit instituted by the family of Aminulrasyid Amzah, 15, who died after being shot by police about five years ago.
Aminulrasyid's mother, Norsiah Mohammad, 66, and his eldest sister Nor Azura, 45, are seeking compensation of almost RM50 million for his death due to a gunshot head injury on April 26, 2010.
The defendants are Corporal Jenain Subi, former Selangor police chief Khalid Abu Bakar (now inspector-general of police), Shah Alam district police chief, the IGP, and the Malaysian government.
Mohd Izham from the Shah Alam District Police Headquarters, patrol car unit, in reply to the first defendant's counsel Zulkifly Omar, said on that day a white Iswara overtook the patrol car he was in, along Persiaran Dato' Menteri.
"Corporal Azhar Hashim was driving the patrol car and pursued the Iswara which did not stop at the red light.
"Corporal Azhar also activated the beacon light and siren while I gave several warnings through the microphone in the patrol car, for the Iswara to stop but its driver increased his speed instead.
"Our patrol car tried to overtake it but could not, and the driver even tried to pit his car against ours. I then called for assistance from another patrol car to intercept the Iswara," he said.
Mohd Izham who is the defendants' fourth witness said he and Azhar continued pursuing the Iswara and were along Concorde Hotel when he saw another patrol car pursuing the vehicle with Jenain in it.
The witness said upon reaching the Kayangan roundabout, he shot at the right rear tyre of the Iswara to stop the vehicle which was speeding and posing a danger to other motorists.
"As our patrol car entered Jalan Tarian 11/2, I heard gunshots and saw the Iswara drive up the kerb along the road shoulder before hitting the wall of a house.
"Corporal Azhar and I saw a man escaping from behind the car and chased after but could not catch him. When we returned to the Iswara we saw an unconscious man lying face down, one leg sticking out of the vehicle," he said.
To a question by the plaintiff's counsel N.Surendran, the witness agreed that throughout the high speed chase he had no knowledge of whether the driver and passenger in the car had committed a crime.
Mohd Izham however disagreed with Surendran's suggestion that he had shot at the Iswara because he suspected the driver to be a criminal, saying that his intention was to stop the vehicle.
"Were you not trained on how to intercept a vehicle?" asked Surendran.
"The training involved normal driving not high pursuit, replied the witness.
In November 2013, the Court of Appeal affirmed the decision of the High Court here to acquit and discharge Jenain of a charge of causing Aminulrasyid's death at Jalan Tarian 11/2, Seksyen 11 here, between 1.10am and 2am on April 26, 2010.
In acquitting Jenain in 2012, the High Court ruled that the policeman had not intended to cause Aminulrasyid's death but had shot at the car driven by the teenager to stop it.
The civil trial before Justice Ahmad Zaidi Ibrahim has been adjourned to Aug 14 and 19.
- Bernama
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