Six years ago, Muhamad Hanafi Omar, then 22, along with Mohd Shamil Hafiz Shapiei, 15, and Hairul Nizam Tuah, 20, were killed, allegedly in an execution style, at Glenmarie in Shah Alam.

They were accused of robbing several petrol stations. The police who shot them dead claimed the three were armed with machetes, and attacked them after they were cornered.

Today the Court of Appeal in an unanimous decision, found the police and government liable for the deaths of Muhamad Hanafi, Shamil Hafiz and Hairul Nizam.

It ruled thus after overturning the decision of the High Court in Shah Alam, in 2015, which dismissed the civil lawsuit brought by the families of the three boys.

The decision was made today, after parties informed the court that they had failed in exploring a settlement on the matter.

Justice Mohd Zawawi Mohd Salleh, who led the three-member bench, said in his oral judgment: “The learned judge was wrong that the respondent was not liable. Hence, we have to reverse the decision of the High Court.”

The three-member bench, which also consisted of Justice Vernon Ong and Justice Abdul Rahman Sebli, also ordered the matter to be remitted back to the High Court for the estimation of damages.

'Explanation unacceptable'

Omar Abu Bakar, the 63-year-old father of Muhamad Hanafi, pointed out his son was shot on the right side of the head and not at the front. Being a former army personnel, he could not accept the explanation by the police that the youths had attacked them.

“I want his name and that of my family cleared as we are not robbers. This is the lingering perception following this case,” Omar said.

Norhafizah Mad Razali, 42, the mother of Shamil Hafiz, said she was thankful for today's decision which cleared her son's name after a six-year wait for justice.

The families of the deceased had named Inspector Azrin Ezahar, Corporal Kamarul Zaman Awang, Lance Corporal Khairul Azahar Jali, the Shah Alam district police chief, Lance Corporal Mohd Juhaimi Jasmin, Lance Corporal Mohd Aminuddin Affendi Azmi, Constable Hafiz Ibrahim, Constable Nafiz Akmal Ismail, the Selangor police chief, the inspector-general of police and the government, as defendants.

They are seeking general, aggravated and exemplary damages and misfeasance in public office, and special damages of RM21,000 leading to their deaths.

The parents in their joint action, claim that on Nov 13, 2010, their children Shamil, Hairul and Hanafi, were shot dead with bullets fired at their heads and chests.

Subsequently, several press reports quoted Selangor deputy police chief A Thaivegan as saying the youths were armed with machetes, and had tried to attack the police after earlier robbing petrol kiosks in Monteres and in Bukit Subang.

According to the post-mortem reports done at the Klang Hospital, Shamil, who was then 15, had seven wounds, including the fatal shot to his head, while Hairul, 20, was wounded in the head, thorax and stomach.

Hanafi had seven wounds, with fatal shots to his head and chest.

The families alleged the three were shot at close range and that the police were negligent and had acted rashly in not following proper procedures in carrying out the shootings.

They also allege the police failed to control its officers in an arrest operation, and claim the police had also  failed in not having a proper system to catch criminals and deal with suspects in arrests.

'Relook police procedures'

Lawyer N Surendran, who is also Padang Serai MP, in commenting on today's decision, wants Deputy Prime Minister Ahmad Zahid Hamidi, who is also the Home Minister, to relook at police procedures regarding the use of their guns.

“There have been several recent cases where the police and government were found liable for their actions in shooting people, and in some cases, causing death.

“I urge a review of the usage of firearms to ensure public safety. The police and the home minister should not keep quiet on this,” he said.

Lawyer Latheefa Koya said a family should not have to go through such agony in seeking justice for their children who had been shot by the authorities.

“If the child dies due to a disease, it may be accepted, but to be shot to death - that will be unbearable the parents,” she said.