THE Court of Appeal today reduced a damages award to the families of three youths killed in a shootout in the Glenmarie industrial zone in Shah Alam, 13 years ago.

A three-member bench of the appellate court – comprising Justices Azizah Nawawi, S. Nantha Balan and Mohamed Zaini Mazlan – in allowing the appeal, set a new award of RM649,200, a sharp reduction from the High Court’s decision of RM1.5 million in compensation.

Justice Azizah, who delivered the court’s unanimous decision, also set aside the RM100,000 damages for estate claims under section 8 of the Civil Law Act and RM100,000 for exemplary damages.

The court also set aside the RM100,000 in general damages awarded to the families and substituted it with RM10,000 for each estate for bereavement.

Justice Azizah said the sum of RM100,000 for aggravated damages and RM100,000 for misfeasance in public office is maintained.

She also maintained RM11,200 in dependency claims for Mohd Hairul Nizam Tuah’s family and RM8,000 in dependency claims for Muhammad Hanafi Omar’s family.

This means each family would now get RM210,000 in compensation.

The three youths killed in the incident which occurred on November 13, 2010, were Muhammad Shamil Hafiz Shapiei, 15, Hairul, 20, and Hanafi, 22.

On November 12, 2013, the families of the three youths filed a civil suit in the High Court in Shah Alam against the Shah Alam police chief, the Selangor police chief, the inspector-general of police, the government of Malaysia and police officers.

The lawsuit was filed by Shamil’s parents Shapiei Zainal Abidin and Norhafizah Mad Razali, Hairul’s mother Hamidah Kadar and sister Norhaliza Tuah, and Hanifi’s parents Omar Abu Bakar and Noriah Darus.

The families claimed that the youths were killed “execution style” by police as the bullets entered their bodies at 45 degrees and were directed inwards and downwards.

The police, in their defence, said they suspected the youths of being members of Geng Minyak, suspected of a series of robberies committed at petrol stations, but this allegation was refuted by the families, who said the three youths had no previous convictions.

The families initially lost their suit in the High Court in 2015. However, in 2016, the Court of Appeal overturned the decision, holding that the police and government were liable for the deaths.

The court then ordered the case to go for assessment of damages before the High Court registrar, who subsequently awarded a total sum of RM207,000 to the three families.

The families appealed to the High Court in Shah Alam for the damages to be reassessed, which on June 30, 2021, awarded RM1.52 million to the families. – Bernama, March 23, 2023.