Friday, December 07, 2012

Lose-Lose-Lose in the Aminulrasyid Amzah's case

Malaysiakini - Look into my mother's eyes and apologise, Jenain told

It has been a lose-lose-lose situation right from the very start.

I'm talking about the police shooting of Aminulrasyid Amzah 2 years ago, resulting in the death of the 14-year old boy.


Aminulrasyid Amzah

What did Aminul do to deserve a barrage of 21 bullets from one policeman (and several from another but which was discounted as contributing to the fatality)?

Was the boy committing some heinous crime that required such an immediate drastic reaction from the police?

Was he in the midst of an act that would have resulted in the immediate and direct deaths of others, unless the police opened fire to stop him and his act?

No, Aminulrasyid was just driving around without a licence, the act of a kid out on a lark - but when suddenly confronted by the police he panicked (or didn't want to be caught driving illegally) and sped off.

Did this in itself (speeding off) require the police to spray bullets at him as if he was a terrorist, or a murderer or a bank robber running away from the scene of the crime, or about to commit such violent acts?

Cp Jenain Subi

What were and are the RULES OF ENGAGEMENT for police in a situation where a car speed off when police attempt to stop it?

Wasn't/isn't opening fire in this situation an unjustifiable act, especially for a public force created to protect the public, including and especially naughty kids?

I fear there is an underlying streak of violence, arrogance, unaccountability and siapa-raja-ness in the PDRM, where opening fire in such low security situations seems to be normal.

The mata-mata out in the street has, through his leaders'/peers' examples, indoctrination, training (or lack of), come to believe in his/her unfettered authority and right to open fire when he/she deems a target is not appropriately obedient (to his/her commands) or inappropriately insubordinate in his/her presence.


PDRM

It was a very violent rape of a boy's right to safety and security, which (unlike the Indonesian maid) led to death.

And so had perished 17-year old Johari Abu Bakar (also in a car when shot dead by police), 23-year old Francis Udayappan, 22-year old Ananthan Kugan and various other Indians when under police custody. Teoh Beng Hock and Ahmad Sarbani Mohamed suffered from the same institutionalised brutal mentality when under MACC custody.

Thus far, no one in the police or MACC has been found guilty. One MACC senior officer was even promoted.

In 2007 Tan Sri Siti Norma Yaakob, the (then) Chief Judge of Malaya, expressed her deep concerns that 80 deaths in police custody occurred between January 2000 and December 2004 – that’s an average of 20 people dying per annum while in police custody, or almost a frightening 2 per month for 4 continuous years - but only 6 inquests, less than 10% of the deaths, were even held.

The leadership of the PDRM, from the political level (Home Affairs Minister) to the operational commander (IGP and senior police brass), must take the blame for such unnecessary (in fact criminal) police violence.

They have failed in their responsibilities to ensure public security, because public security was and is threatened by the very people the public hires to do the job.

Hishamuddin Hussein should be honourable like his grandfather and father, and resign. And I hope those intending to deal with a failed (former) IGP should think twice.




A mother has lost a boy; a father (Corporal Jenain Subi) knows he killed a 14-year old boy. I've no doubt his act of unmitigated violence will stay with him for the rest of his life.

It has been lose-lose-lose all the way.

I recall discussing this tragedy with a munchie sweetie shortly after Cpl Jenain was charged in court, and she confessed how sad Jenain had looked which in turn made her sad. I too was sad for both Aminulrasyid's family and Jenain Subi's family.

Lose-lose-lose! Aminulrasyid's family loses, Jenain Subi's family loses, the public loses.

The judge who acquitted Jenain ruled that the police corporal had no intention to kill Aminulrasyid and had merely shot at the vehicle to stop it.

I'm confused - say, 2 men quarrelled in a bar which led to fisticuffs, with one being killed from a heavy punch. I believe that's manslaughter, though the perpetrator had no intention to kill the deceased and had merely fought with his fists because of a quarrel.

Thus I'm not sure why the judge could acquit Corporal Jenain, who killed a boy in a situation which didn't justify opening fire at the runaway car, and which had not been involved in a serious crime threatening lives nor inflicted injury or caused deaths.

I'm not advocating punishing Jenain Subi for the sake of vengeance, for as mentioned, it has been a terrible lose-lose situation for everyone.



But I fear the judge's ruling is a dangerous precedence where the police will come to believe it's okay for them to shoot off from the hips without considering the justifications for the drastic act, and not be worried about dangerous and illegal use of firearms.

20 comments:

  1. To digress a little, leaving aside the question of guilt, how did this 14 year old manage to sneak out of the house and drive the family car in the wee hours? He can drive quite well at that age? Would you kid also be able to pull off this stunt?

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  2. The prosecution MUST appeal against the decision of the High Court. If the prosecution is not going to do it on its own will, then the family of the deceased has to urge the prosecution to do so. Let see how the Court of Appeal will adjudge the case. I agree with you that the decision of the High Court leaves a bad precedent.

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  3. the toothless fella12:41 pm, December 08, 2012

    Kay seerah seerah,whatever will be will be,tomorrow is a diffrent day as Umno/BN chay chay.

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  4. Manmanlai says wait till I became the PM in waiting.Only PM in waiting.Waiting till the next fullmoon and the next fullmoon and the next.

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  5. Manmanlai is not the PM. He has Zero executive power.
    My question is...what is Najib, who IS the PM doing about it ?

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  6. Kaytee....thank you for this write up. Very well put. This article should be published not only in the alternative news site but the main stream newspapers too....of course this judgement should be appealed. Once and for all, bring a stop to this sort of arrogance and high-handedness, enough is enough.

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  7. I think it is more correct to term it a win-lose outcome. Aminulrashyid had the ultimate lost, of course. Jenain, the one who fired 21 bullets is a clear winner, walking away scot-free, gets his job back, and probably some UMNO deals thrown in. Not bad at all...

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  8. One thing I heard all over town.CSL's batang will be lost this coming GE.

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  9. it's a shame sunwayopal has joined the ranks of a low class frustrated old man in vandalising this blog, nto that their futile cyber-bullying has any effect on me, wakakaka. I'm rather fond of sunwayopal despite his deterioration into immature intolerant inexcusable aggression. And I can only hope sunwayopal doesn't join that evil old man in the latter's regular sojourn to Hadyaai to abuse under-aged girls.

    I was going to post something on the non-Muslim khalwat case in Kelantan, but to reward the vandal (low class frusko old man) and spammer (sunwayopal) I'll instead be posting another lovely article on Anwar Ibrahim, wakakaka.

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  10. wah, likewise lah.

    its a shame that he's finally getting irritated that he's now exposed as a dirty Barisan Najis stooge masquereding as a DAP supporter.

    DAP supporter indeed. The most insidious of bloggers trying to burnish his credentials as a DAP supporter but then undermining Pakatan at every turn.

    i dont mind doing this as people should truly see u for what u r.

    An MCA running dog.


    sunwayopal

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  11. Kaytee,soon sunwayopal will be dropping his dentures,due to over exitment when visiting Haadyai,just like the old man Monster.Hope he doesn't have permature ejaculation.

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  12. and the idiot blog writer here of course has to change ttory about the khalwat case against non Muslims because why ?

    IT NEVER HAPPENED!!!

    haha, much like his idiotic accusations against PKR n Musa Hussan sleeping together.

    what an idiot.

    talking about non existing false news as usual.



    sunwayopal

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  13. I'm a Pakatan Rakyat supporter, not necessarily an Anwar Ibrahim supporter per se.
    I don't think anyone other than the actual players knows the truth about the motives of Musang Hassan and Deepak.
    The grapevine strongly suggests their maneuvers are being driven more by UMNO internal leadership struggles than Anwar, who has never had a connection with them.
    No, its not related to Mahathir, more by 2nd and 3rd level UMNO leadership in :Camp B:. The timing of their publicity - right in the middle of the UMNO General Assembly betrays their motives - calculated for maximum embarrasment to Najib, not UMNO or BN itself.

    I have to admit I'm tending to agree with sunwayopal.

    The tone in Ktemoc's blog is becoming increasingly shrill and desperate in its attacks on Anwar, imputing far-fetched machinations to Anwar.

    We are, of course, in the last few months of this Parliament, and increasingly likely it is the end game of UMNO/BN.

    Hmmmm....put one and two together...??

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  14. DUMNO, you must be new to my blog not to know I have been writing against Anwar's hypocrisy in his so-called reformasi since 2005. I am never desperate because I've been going at it for several years, though I enjoy hammering at his inconsistent stand and his lack of repentance.

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  15. Politics in Malaysia is getting so confusing.
    It used to be you either voted for BN or your favourite Opposition Party.
    Now, the electorate has fragmented into so many combinations.

    a)Outright BN supporters - these will vote BN come what may.
    b) Outright Opposition supporters - these will vote for whichever Pakatan Rakyat candidate is their local candidate, regardless.
    c) Establishment members who have significant concerns about Corruption and Abuse of Power under BN.
    Najib is going all aout to win them, but many of these "actions" are superficial and insincere.
    To be honest, I belong in this group. I might just flip a coin in the voting booth.
    d) Opposition supporters who have their "favourite" party, but can't stand one or more other Pakatan Rakyat parties. In fact, they may vote for BN instead if the candidate in their area is from one of these other 'unacceptable" PR partners.
    I think Ktemoc clearly belongs to this group.
    e) Those who know BN is bad, but consider Pakatan Rakyat worse. Unlike Group (d), they dislike PKR, DAP and PAS in equal measure.
    This group may draw a Mickey Mouse cartoon on their ballot paper instead.

    There are more flavours of (a) - (e) but I think I've covered all the main groups.

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  16. good grouping, but thank goodness I'm spared that dilemma. My federal constituency is Bukit Bendera where the incumbent is Liew Chin Tong (DAP) and my state ADUN currently is Lim GE (Ayer Putih), wakakaka

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  17. To add to the above commentator.
    I'm not accusing Ktemoc of racism, but the unfortunate fact I've found is that there is a heavy taint of racism among many in Group (d) - those who will only vote for their "favourite" party, but not other Opposition parties.

    Rural Chinese who will never bring themselve to vote for PAS, Urban Malays who know UMNO is abysmally corrupt, but will not vote for "Chinese" DAP, Chinese DAP supporters in Mixed seats who will rather vote for BN/UMNO than "Malay" PKR.

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  18. So glad Kamal has join us.

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  19. wakakaka, above an example of monsterball's delusional mental sickness, talking to himself - he is Kamal, street fighter and the fabulous "freedom fighter" and indeed more, wakakaka.

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  20. hey Mr Goh (monsterball-less), don't wait until I sleep - go and watch TV, then come back later, but don't forget to wear a bib, because your sons told me you'd fall asleep (if there's no naked women on show) and you would drool badly, wakakaka

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