Kpl Jenain Subi, who has been charged with causing the death of 15-year-old Aminulrasyid Amzah, agreed when it was suggested to him Friday that nowhere in the Inspector-General of Police's Standing Orders (IGSO) did it state that a police officer could open fire on a traffic offender.
When cross-examined by deputy public prosecutor Idham Abd Ghani Friday, Jenain agreed with the suggestion that the call for assistance did not say that (the people in) the white Proton Iswara had committed a criminal offence, and to open fire at it.
On Thursday, Jenain had told the court that situations in which the IGSO allowed a police officer to open fire included robbery, house break-ins, kidnap, rape, sodomy and self-defence.
Idham: I suggest to you that the situation was not dangerous as there was nobody else there (except for the Proton Iswara and the two police patrol cars).
Jenain: I agree.
Jenain also denied that one of his 21 shots at the Proton Iswara was the shot that killed Aminulrasyid. Jenain, 48, has been charged with causing Aminulrasyid's death between 1.10am and 2am on April 26 at Jalan Tarian 11/2, Section 11 here.
He is charged under Section 304(a) of the Penal Code which carries a maximum jail sentence of 30 years and a fine.
On Feb 28, this year, Jenain was ordered by judge Latifah Mohd Tahar to enter his defence, after ruling that the prosecution, led by Idham, had succeeded in proving a prima facie against him.
The court fixed May 23 for parties to submit on the point of law, and fixed June 2 for the continued hearing of the case.
