Pastor Raymond Koh’s wife Susanna Liew has instructed her lawyers to appeal against the recent Kuala Lumpur High Court verdict that granted the government a stay over payment of RM38 million in damages.
Judge Mahazan Taib, on Jan 26, allowed the government’s application to defer paying monetary damages worth millions of ringgit to Koh and Liew, as well as to postpone reopening the investigation into Koh’s disappearance.
The stay of execution was granted pending the government’s appeal against the previous court order made by judge Su Tiang Joo last year.
Liew today voiced her concerns in a statement, deeming Mahazan’s judgment as profoundly troubling, and that the effect of the stay granted is devastating.
“For eight long years, I have lived without my husband - my sole breadwinner - and without any meaningful financial support. To now deprive me of the very sums lawfully awarded by judge Su to me compounds the injustice.
“What pains me most is that the stay order granted by judge Mahazan made no distinction or exception for one of the most critical parts of Su’s judgment, namely, the order to recommence investigations in accordance with the special task force findings and recommendations, and to report to the Attorney-General’s Chambers every two months on the progress of investigations leading to the disclosure of my husband’s whereabouts.
“(The stay order) has halted investigations ordered by a judge who presided over the trial for years, heard all the witnesses, examined all the evidence, and made a considered and reasoned decision.
“With respect, how can a judge who did not hear the witnesses or evaluate the evidence stop an investigative order made by a trial judge who did?” she asked.
Probe must proceed now
Liew added that cases of disappearance demand urgency and that the investigation into ascertaining the whereabouts of her missing husband must proceed now instead of later.
As time passes, memories fade, witnesses migrate or pass away, and the prospects of uncovering the truth diminish irreversibly, she added.
“Notably, (the government) never sought a stay before the trial judge, nor did they raise any issue of stay during the application for the appointment of Amanah Raya Berhad (as trustee over the funds).
“There was every indication that payment would be made in accordance with the judgment, especially given the trustee’s guarantee of repayment should the appeal succeed. Only after Su retired did the government file their application for a stay.
“Parties cannot choose their forum. If a stay was genuinely warranted, it should have been sought before the trial judge immediately,” she said, in hoping for an early hearing date at the Court of Appeal and for Su’s orders to be restored.
‘Not plucked out of thin air’
Liew had filed a suit over Koh’s whereabouts on Feb 13, 2020, where she named 13 parties, including the government, the inspector-general of police (IGP), and former IGPs Khalid Abu Bakar and Fuzi Harun, as well as various police officers, as defendants.
Su, on Nov 5 last year, had ordered the defendants to pay RM10,000 per day in damages to Koh, which was counted from the day of his abduction, which was Feb 13, 2017, until he was found.
He further awarded RM4 million in damages and also RM1 million aggravated damages for the prolonged delay of his discovery and another RM1 million for unconstitutional acts taken against him by the defendants.
The judge, at that time, stated 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 also ordered the police to reopen their investigation into the case and report their progress to the attorney-general every two months.
The total amount of damages payable to Koh, including the daily accumulated damages, is more than RM38 million as calculated on Jan 26, 2026.
The court further ordered a total of RM3 million of separate monetary relief for Koh’s wife, which was RM2 million in general and aggravated damages for her mental distress and RM1 million of exemplary damages.
Su had also appointed Amanah Raya Berhad, on Dec 8, to manage Koh’s court-ordered monetary compensation, following an agreement between the plaintiffs and the defendants for the public trustee to be appointed.
‘Irreversible financial consequences’
Mahazan, on Monday, said the government has successfully established special circumstances within the meaning of Order 45 of the Rules of Court 2012 to warrant a stay of execution pending their appeal at the Court of Appeal.
The judge found that there was no prejudice, on the balance of justice, against Koh and his wife - named as respondents in the application - if a stay is granted.
“The damages are not payable to the first respondent (Koh) in any event. There is no suggestion of insolvency or dissipation on the part of the government.
“Also, no urgent financial necessity has been shown.
“On the other hand, refusal of a stay would expose the applicant to irreversible administrative and financial consequences, notwithstanding that the judgment is presently under appeal.
“Weighing all the circumstances, I am satisfied that the balance of justice clearly favours the preservation of the status quo pending the determination of the appeal,” said the judge.
Koh had been abducted by a group of men along Jalan SS4B/10 in Petaling Jaya while on his way to a friend’s house. He was 62 years old at the time of the abduction.
CCTV footage, believed to be of the incident, showed at least 15 men and three black SUVs involved in Koh’s abduction. - Mkini
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