SHAH ALAM: Three policemen, who were alleged to have shot dead three youths, including a teenager in Glenmarie, feared for their lives and had no choice but to open fire to protect themselves, the High Court ruled today.

The court said the plaintiffs (the families of the three deceased) failed to call any expert witness to explain that the youths were killed “execution style” as contended by them.

High Court judge Datuk Rozana Ali Yusoff dismissed the civil suit brought by the families against the police and government, with RM20,000 costs to be paid to the defendants.

“The evidence of the three policemen was found to be credible and believable,” said Rozana.

The three defendants were Inspector Azrin Ezahar, Corporal Kamarul Zaman Awang and Lance Corporal Khairul Azahar Jali.

Five years ago, Muhammad Shamil Hafiz Shapiei, 15, and his two friends, Mohd Hairul Nizam Tuah, 20, and Muhammad Hanafi Omar, 22, were shot by the police during the early hours of Nov 13, 2010.

In her judgement, Rozana said the plaintiffs contended that the policemen were negligent when they discharged shots against the three deceased, which led to their death.

Rozana said there is no doubt that all the three deceased were armed with “parang” (machetes).

“The three deceased rushed out of a vehicle with parang with intent to attack the defendants (the three policemen),” said Rozana.

She said the police genuinely feared for their lives and they did not need to wait to be inflicted with injuries.

“They had no choice but to fire to protect themselves,” said Rozana.

She added that the court was satisfied that the defendants were under “reasonable apprehension” and that they could have lost their lives or sustained grievous injuries.

The mother of Muhammad Shamil, Norhafizah Mad Razali, along with Hamidah Kadar, the mother of Mohd Hairul and Omar Abu Bakar, the father of Muhammad Hanafi and three others filed the suit on Aug 12, 2014 where they sued the Shah Alam district police chief, Selangor state police chief, Inspector-General of Police and the government for “misfeasance” in public office.

After the court delivered its verdict, lawyer Latheefa Koya said she has been instructed to appeal and that the families were disappointed.

S. Tamarai Chelvi

The Sun Daily