The Kuala Lumpur High Court ordered the government to pay RM10,000 per day to Pastor Raymond Koh, starting from Feb 13, 2017, which was the day he was abducted, until he is found.
Judge Su Tiang Joo delivered his verdict today, stating that he did not “pluck the figure out of thin air” and tied the figure to a Court of Appeal decision on a false imprisonment case.
He further awarded RM4 million in damages and also awarded the missing pastor RM1 million in aggravated damages for the prolonged delay of his discovery and another RM1 million for unconstitutional acts taken against him by the defendants.
The money is to be paid into a trust fund.
He also ordered the police to reopen their investigation into the case and report their progress to the attorney-general every two months.
‘Oppression of the highest order’
In his verdict, Su found that the primary act of Koh’s abduction pointed to the state’s participation, and that the circumstances surrounding the abduction, as well as the concealment of information and similarities with Amri Che Mat’s disappearance, cumulatively support the plaintiff’s case.
“The defendant’s position that they have no knowledge of the perpetrator sits uncomfortably (especially as they have) control over the relevant investigatory resources.
“The enforced disappearance of Koh collectively constitutes oppression of the highest order (and) the court is (therefore) satisfied that the plaintiffs have proven that (the defendants) had exercised public power in bad faith.
“The logical inference drawn from the totality of the evidence is that the abduction involves state actors, whether acting directly or indirectly, or with the knowledge, acquiescence, or support of others within the police infrastructure (in which) the defendant’s inability to provide a credible alternative explanation further supports this conclusion,” he added.
Su further found that the defendants had failed to provide consistent and meaningful updates to the family, despite access to relevant information.
“(Having perused the) totality of the evidence, the court finds in the balance of probability that one or more (defendants) had acted jointly in combination or otherwise, directly or indirectly responsible for the abduction.”
He added that the police officers are endowed with coercive powers, and the public must be assured that misuse of those powers will be remedied.
“Upon careful consideration of the pleadings, evidence adduced, submissions by counsels, this court finds that the plaintiff has proven their case on the balance of probabilities.
“The supreme court said that the attorney-general is the guardian of public interest. This court directs the right attorney-general to consider very carefully the grounds when selecting the members to make up the AGC’s team to look into the updates (of the case’s investigation).
“To avoid any perceived conflict of interest, this AGC team should not recruit members of the team (which includes) the senior federal counsels and federal counsels involved in the proceeding.”
RM31m to date
Meanwhile, the court further ordered a separate monetary relief for Koh’s wife, Susanna Liew, who is the second plaintiff in the suit, which is RM2 million of general and aggravated damages for her mental distress, as well as another RM1 million of exemplary damages.
In total, the couple was awarded RM5 million, on top of the ongoing RM10,000 per day general damages ordered, which had accumulated to RM31.87 million to date.
“In favour of P1 and P2 (Koh and Liew), the court ordered for the removal (of two Special Branch officers) from any (team investigating Koh’s disappearance).
“The inspector-general of police (IGP) and the police to recommence investigation as per the findings and recommendation (of the court) and report to the Attorney-General’s Chambers every two months, from the date of the judgement, of the update of the investigation leading to P1’s whereabout disclosure,” said the judge.
He further awarded the five percent interest per annum demanded by the plaintiffs in the case, as well as RM250,000 in costs.
The plaintiffs were represented by counsels Gurdial Singh Nijar, Jerald Gomez, and Michelle Wong.
Liew’s suit over husband’s abduction
Koh, 62, had been abducted by a group of men along Jalan SS4B/10 in Petaling Jaya while on his way to a friend’s house. CCTV footage, believed to be of the incident, showed at least 15 men and three black SUVs involved in Koh’s abduction.
Liew filed the suit over her husband’s whereabouts on Feb 13, 2020, naming 13 parties, including the government, the IGP, and former IGPs Khalid Abu Bakar and Mohamad Fuzi Harun, as well as various police officers, as defendants.
She also named former Special Branch contract worker Saiful Bahari Abdul Aziz whose gold-coloured Toyota Vios was linked to the abductions of Koh and Amri.
The suit claimed that the rights of the plaintiffs had been breached through Koh’s abduction, the failure to account for his whereabouts, negligence, and/or malfeasance in public office.
As relief, the plaintiffs sought a court order to compel the defendants to identify and disclose Koh’s whereabouts.
In addition, they wanted the police to be instructed to arrest Saiful Bahari, who is at large, and have him brought to court to give sworn testimony on his and his vehicle’s involvement in Koh’s abduction. - Mkini
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