Tuesday, May 11, 2010

Tembak Aminulrasyid: Koperal polis minta dibicarakan


SHAH ALAM, 10 Mei: Seorang pegawai polis, Koperal Jenain Subi didakwa di mahkamah Sesyen hari ini atas dakwaan menembak sehingga mati Aminulrasyid Amzah, 15, yang menjadi isu genting antara polis dengan orang ramai baru-baru ini.

Polis berusia 48 tahun itu didakwa dibawah seksyen 304, Penal Code atas dakwaan membunuh tanpa niat yang boleh membawa hukuman sehingga 20 tahun penjara.

Hakim M. Gunalan telah menetapkan 10 Jun untuk tarikh penyebutan semula kes dan membebaskan kopral itu dengan jaminan RM10,000.

Aminurrasyid mati ditembak di kepalanya selepas kereta yang dipandunya berhenti selepas dikejar polis berhampiran rumahnya di Secsyen 11, Shah Alam.

Polis mendakwa, mereka menambaknya selepas kereta yang dipandu budak itu cuba merempuh mereka.

Rakan Aminulrasyid, Azamuddin Omar, 15, yang turut serta dalam kereta itu bagaimanapun menafikan dakwaan polis itu dengan berkata, rakannya itu sudah terkulai di atas ribanya selepas terkena tembakan pada kepalanya.

Polis mengejar mereka berdua apabila memotong sebuah kereta peronda polis selepas dikejar oleh sekumpulan motosikal selepas salah sebuah motor mereka bergeser dengan kereta yang dipandu Aminurasyid.

Polis telah menembak ke empat-empat tayar kereta yang dipandunya dan salah satu pelurunya menembusi kepala Aminurasyid dari belakang tempat duduk pemandunya.


Malaysian policeman charged with killing teenager

By JULIA ZAPPEI,Associated Press Writer - Tuesday, May 11

KUALA LUMPUR, Malaysia – Malaysian prosecutors charged a police officer Monday with fatally shooting a teenager in an incident that triggered a national outcry over claims of police brutality.

It is the first time a policeman has been charged over the killing of a suspect in this Southeast Asian country. Activists say Malaysia's police have fatally shot more than 180 suspects, half of them Indonesians, since 2007.

The death of 14-year-old Aminulrasyid Amzah following a car chase last month has been a publicity nightmare for the police, which have long been criticized by human rights activists for allegedly often shooting without due cause.

Aminulrasyid was killed by a bullet to the head while driving a car without a license at night. Police accused Aminulrasyid of reversing his car into them after they cornered him. But Aminulrasyid's friend in the car alleged they were shot at while speeding away.

Jenain Subi, a member of a police patrol unit in central Selangor state, pleaded innocent in a district court Monday to a charge of culpable homicide not amounting to murder, which carries a maximum penalty of 30 years' imprisonment, said prosecutor Mohamad Dusuki Mokhtar.

Jenain was released on bail ahead of a hearing scheduled for June 10.

Three other policemen were at the scene, they were not expected to be charged because Jenain was allegedly the one who fired the shot that killed the boy on April 26, Mohamad Dusuki said.

Latheefa Koya, a lawyer representing Aminulrasyid's family, urged the government and police to be more transparent in their investigation.

"All those responsible must be charged," she said. "It's clearly a matter of public interest."

Many Malaysians have voiced anger over Aminulrasyid's shooting, saying police need to overhaul their procedures in apprehending suspects and be more accountable for their actions.

On Saturday, a policeman in another state was detained after shooting a 17-year-old in the stomach during a vehicle chase. The teenager was recovering in hospital, and it was not immediately clear whether the policeman would be charged.

Ulasan: Setakat ini rakyat masih lagi percaya mahkamah. Hakim sila berlaku adil.

Police corporal Jenain another fall guy?
May 11, 10 7:51am

Dominic Chan: I really felt very bad for police corporal Jenain Subi. His job is difficult enough and he was working the graveyard shift. As a fall guy, one has to wonder whether there was sufficient training for him to discharge his duties.

I just hope that the law will be fair instead of pinpointing the mistakes of Jenain.

Lvbala: Jet engines missing and only one sergeant was charged. Altantuya Shaariibuu murdered only two cops were charged. For this fatal shooting, only one cop charged. This drama is only to pull wool over the rakyat's eyes and to show that the police is practising transparency. But for sure, all of them will soon be forgotten and they will walk free sooner or later.

Kgen: It is ludicrous to charge just one person when the whole police team should be charged. Was he the only one who discharged his firearm? As 15 shots were fired, this cannot be true. So why were the other cops not charged? Who can tell who discharged the fatal bullet?

A fall guy is he? Cheaper to pay off one fall guy rather than the whole team?

Malaysian: I believe Aminulrasyid Amzah is a victim of irresponsibilities - irresponsibility of the parents for letting the underaged teen to drive (perhaps they thought it was alright as it was within the neighbourhood); irresponsibility of the car owner (the sister) for allowing the victim to use the car (most probably not for the first time); and irresponsibility of the police force for not carrying out their duties as professional as what we expect them to.

It is easy to be angry at the person discharging the shots at Aminulrasyid, but underaged driving itself poses danger to Aminulrasyid himself, his friend Azamuddin Omar and others that could have been hurt. I sincerely hope, above all else, Aminulrasyid can rest in peace.

Tmf: Not charging the Selangor CPO and IGP for lying and threatening the rakyat? Further, the case was initially investigated under murder, when was it changed?

Artchan: He is the fall guy because of the Sibu by-election. If there is no by-election, he will get off scot-free. The special panel has not even completed their circus, and he is charged. So the special panel was really formed for fun?

Where is his partner in crime? Police corporal Jenain Subi cannot be driving the car and shooting at the boy at the same time? The partner must also be charged.

Petestop: Firstly, it looks like another low-ranking officer is being made the scapegoat again. Many still fail to see the real person responsible.

It is the parents who are ultimately responsible for the action of his underaged child. How can they let such an underaged child go driving out there past midnight, doing who knows what and not having a licence?

Secondly, it is the fault of the IGP - as the leader of the PDRM, he has failed to reform and lay down the ground rules for a 21st century police force. First rule of leadership, it is always your fault.

So, it is really sad that the victims is the child and the low-ranking police officer, while the people ultimately responsible go scot-free.

Low Pei Feng: As sad as I am over the loss of the life of a young boy, I think we should also charge the boy's parents for letting him drive at 14. He could have killed someone.

Aramsa: What good does it make to prosecute the parent and sister of the dead boy? There is already pain enough. I know you were thinking of deterrence but that is already too late and all right thinking minds do not need the charge on the parent and sister to know it is wrong to let the underaged kid to drive in the wee hours of the morning, just to learn a lesson.

A lesson, nonetheless, is learned.

Arul Inthirarajah: The real culprit is the government for having failed to implement the recommendation of the royal commission of inquiry two years ago - to immediately establish the ICPMC (Independent Police Complaints and Misconduct Commission) to oversee the police force. Why the delay and the hesitation? What are they afraid of?

Instead, they continuously parade before the public (as each breakdown in the force occurs), a motley band of low-ranking scapegoats.

Zainon Ahmad: I am sorry for Jenain. The charge should be in connection with the inappropriate use of a firearm, not that of culpable homicide. Insufficient stock is being taken of the circumstances and contributory negligence on the part of the boy and his legal guardians, his parents.

It's almost as if our public prosecutors go for the jugular rather than appropriate charges, perhaps allowing room for plea bargaining along the way. But plea bargaining doesn't always happen and sometimes, justice is not served in opting for the harshest charge.

I am reminded of the case of Alex Wong about nine years ago in Seremban. No sufficient account was taken that the balance of probability was that he had no motive to kill, that he discharged the weapon (he was licensed to carry it) in what he believed to be self-defence.

In that case too, the charge was in my view incorrectly framed and carried the death penalty. Alex Wong died in prison of medical problems. I do not believe justice was served.

Cala: Zainon Ahmad, not being a lawyer myself, I think I can appreciate your argument that the prosecutor may have erroneously framed a charge more grave than police corporal Jenain Subi deserves. As you said, the more appropriate charge should be in connection with the wrong use of firearm, not culpable homicide. I like your attitude to right the wrong in public interest. Thank you, sir.

Amaso: At last, the PDRM succumbed to immense public pressure and charged one of its officers for the crime. Bravo to people's power! To IGP Musa Hassan, the charge has proven that you deliberately were covering up the whole incident right from the start. How many similar cases have you covered up?

Loyal Malaysian: It is time the police made an official apology to Aminulrasyid's family. Also what about Aminulrasyid reversing into police officers and 'parang' story lines? Those officers involved should be charged with obstruction of justice.

The above was a selection of comments posted by Malaysiakini subscribers. 

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