PUTRAJAYA: Corporal Jenain Subi remains a free man as the Court of Appeal here yesterday upheld a High Court decision to acquit and discharge him on a charge of causing the death of 15-year-old schoolboy Aminulrasyid Amzah, three years ago.
A three-member panel chaired by Justice Datuk Balia Yusof Wahi unanimously dismissed the prosecution’s appeal against the High Court decision to set Jenain, 50, free.
Justice Balia held that there was no merit in the prosecution’s appeal.
He said the High Court was not erroneous in its finding with regard to the issue of Corporal Jenain’s intention to cause the death of the boy.
The High Court, in acquitting Jenain in 2012, had ruled that Jenain did not have the intention to cause Aminulrasyid’s death but had shot at the car driven by the teenager with the intention to immobilise the vehicle.
Justice Balia said from the 30 shots fired, one bullet penetrated the car while the rest of the bullets hit the lower part of the car.
Court of Appeal judges Datuk Rohana Yusuf and Datuk Tengku Maimun Tuan Mat were the other two judges on the panel.
Justice Balia said the court disagreed with the prosecution’s contention that the High Court on its own volition had made a finding that the incident was an accident or misfortune within the meaning of Section 80 of the Penal Code.
“The defence had raised the issue in the course of its submission before the Sessions Court and High Court. It cannot be said that the High Court had erred in its judgment. The section 80 issue is not Jenain’s defence.
“The High Court in its judgment had said it in passing and it was not the core of its judgment to allow Jenain’s appeal,” Justice Balia said.
On Sept 13, 2011, the Shah Alam Sessions Court had sentenced Jenain to five years’ imprisonment after finding him guilty of the offence.
Jenain was alleged to have committed the offence at Jalan Tarian 11/2, Section 11, here between 1.10am and 2am on April 26, 2010.
On Dec 5 last year, the High Court reversed the decision and set Jenain free after allowing his appeal to set aside his conviction and jail sentence. The prosecution appealed to the Court of Appeal.
Outside the court, Jenain, who was accompanied by his family, said he was thankful to his lawyers and his friends for their support.
He said he would go back to work in the police force.
Jenain was represented by counsel M. Athimulan, Salim Bashir and Halim Ashgar while deputy public prosecutors Mohd Duzuki Mokhtar and Wan Saharuddin Wan Ladin acted for the prosecution. — Bernama