Court to decide on Aminulrasyid case on Feb 17

The Shah Alam Sessions court will decide on Feb 17 whether or not there is a case against the accused police officer in the fatal shooting of teenager Aminulrasyid Amzah.

Sessions court judge Latifah Mohd Tahar today fixed the date after spending two full days listening to submissions from both the defence and prosecution.

The prosecution in their arguments today insisted that there are sufficient grounds for the case against the accused, Corporal Jenain Subi (left).

Deputy public prosecutor Idham Abdul Ghani reiterated that the accused had proceeded to fire 21 shots at the victim’s car that fateful night, despite the fact that the vehicle had by then no longer posed a threat to the police.

"As a sharpshooter, he should know what could happen if he shoots 21 times," said Idham when presenting the prosecution's submission today.

Jenain is being charged with causing the death of 15-year-old Aminulrasyid along Jalan Tarian in Section 11, Shah Alam during the early hours of April 26 last year.

The victim died from a single bullet wound to the back of his head. 

'Prosecution case not conclusive'

The defence in their submission repeated that the prosecution had failed to prove beyond reasonable doubt that it was Jenain who had fired the fatal shot.

Defence counsel M Athimulan said there is no evidence or testimony that clearly shows that the bullet that killed Aminulrasyid came from Jenain's MP5 sub-machine gun.

He said the court could infer from the evidence that the bullet could have come from either Jenain's or constable Izham Mahayaddin's weapon.

"Forensic evidence shows that one of the spent shells found on Jalan Tarian traces back to the gun used by constable Izham. From here, we can say that the fatal shot could have been fired by Izham, or Jenain.

"The prosecution must prove that there is only one probability... The burden of responsibility falls on the prosecution to prove that their case is beyond reasonable doubt," he said.

Shooting possibly 'accidental'

Athimulan argued further that if the court decides that the killer slug was fired by Jenain, there is still no evidence to prove that the latter had fired the shot with the intent to kill.

He said that based on the spread of bullet holes on the white Proton Iswara driven by the victim, the majority of the bullets were aimed low and indicated that the purpose was to stop the vehicle.

Athimulan said it could be inferred that the fatal bullet had ricocheted off the rear spoiler of the Iswara and travelled in Aminulrasyid's direction.

"This is a case of accidental shooting on the back (wind) screen of the car, not on him (Aminulrasyid) directly," he argued.

Jenain is charged with culpable homicide and faces up to 30 years in jail and a fine if convicted.