Friday, September 16, 2011
Jenain Subi, 49 is a Corporal with the Malaysian Police. He served the Police force for 25 years. Jenain had been charged with causing the death of a 15 year old boy, Aminulrasyid Amzah, between 1.10am and 2am on April 26, 2010 at Jalan Tarian 11/2 in Shah Alam, Selangor, Malaysia.
Everything happened in an instant. An innocent night out for Aminulrasyid ended in his untimely death on the night of 26th April 2010. He was just 15.
This is a standard issue German made, Heckler and Koch, MP5 submachine gun, used by the Malaysian police force during anti-crime patrols and operations. This type of weapon ended poor Aminulrasyid life, he was mistaken for a criminal. But this kind of weapon also killed many of Malaysia's worst criminals in shoot-outs with Police.
The Shah Alam High Court in Selangor, Malaysia on Thursday, 15th September 2011, found Corporal Jenain Subi guilty and sentenced to five years in jail for causing the death of 15-year-old Aminulrasyid Amzah in a shooting incident during a car chase, that shocked Malaysians, 17 months ago.
Wearing a white skullcap and beige jacket, the 49-year-old policeman from Sabah, who was accompanied by his wife and other family members, was composed when the sentence was passed.
In her judgment, Shah Alam Sessions Court judge Latifah Mohd Tahar said the defence had failed to raise doubts on the prosecution’s case.
“The accused agreed that 21 gunshots were fired. This shows that there was indeed intention to cause death,” Latifah said.
She said Jenain had testified that he wanted to “pursue and stop” a car with the licence plate BET 5023 and help the police patrol team.
However, she pointed out that Jenain had also agreed during cross-examination that the car driven by Aminulrasyid was slowing down.
“The car was not capable of speeding away as it was already slowing and swaying when it entered Jalan Tarian.
“He agreed that the car did not pose any danger to the police patrol team or the surroundings of the housing area as there were no passers-by or other vehicles,” said Latifah.
The court found that the situation did not warrant Jenain to open fire with his HK MP5 submachine gun, she said.
This is an example of the firepower of the German Made HK MP5 Sub Machinegun. You can select between manual and automatic to spray bullets.
“The accused should have known that firing from his automatic submachine gun is dangerous,” she said.
Latifah also ruled that second defence witness, Amidon Anan, 60, a former forensics lab chief of the police crime scene investigation unit, was not an expert witness.
“The court respects him for his experience but agrees with the prosecution that he is not an expert witness.
“His testimony is based on his experience and not expertise,” she said.
Defence counsel Salim Bashir, expressing shock over the verdict, asked the court to consider his client’s 25 years of service in the police force and 12 years’ service at the Shah Alam Court complex escorting suspects and accused persons.
“He is not a trigger-happy policeman who shoots as he pleases. He has four schoolgoing children and a wife to support,” said Salim, pleading for a minimum sentence.
However, Deputy Public Prosecutor Idham Abdul Ghani asked the court to mete out a sentence befitting the crime.
In passing the sentence, Latifah also granted a stay of execution pending an appeal against the conviction.
Idham later told reporters that the prosecution would appeal against the five-year jail term.
Aminulrasyid’s mother Norsiah Mohammad, 62, who was in tears after the verdict, said Jenain’s conviction had cleared her son’s name.
“It shows that my son is not a criminal,” she said.
The trial that started on October 12, 2010 saw 39 prosecution witnesses taking the stand while three witnesses, including Jenain, testified for the defence.
Jenain had been charged with causing Aminulrasyid’s death between 1.10am and 2am on April 26, 2010 at Jalan Tarian 11/2 in Shah Alam, Selangor, Malaysia.
Aminulrasyid was fatally shot in a high speed car chase with police after he apparently hit another car near a restaurant earlier and fled the scene.
He failed to stop despite being told to do so by the police and despite his car being shot at.
Let this be a lesson to all.