Suhakam suspends inquiry into pastor Koh's case after man charged

SUHAKAM INQUIRY | Suhakam has suspended its inquiry into the disappearance of pastor Raymond Koh until further notice.

Inquiry panel chairperson Mah Weng Kwai made the decision after it was revealed that an individual was charged yesterday in connection with Koh's abduction.

"Given the circumstances and developments since yesterday, we have decided that we will immediately cease to do the inquiry until further notice," he said after holding a discussion with lawyers representing Koh's family and the Bar Council.

Mah earlier revealed that the human rights commission was informed by a letter from inspector-general of police Mohamad Fuzi Harun yesterday that a man had been charged at a magistrate's court in Petaling Jaya.

The suspect was charged under Section 365 of the Penal Code for “kidnapping or abducting with intent secretly and wrongfully to confine a person”.

Mah said Fuzi, who requested for Suhakam to cease its inquiry, had appended the charge sheet against one Lam Chang Nam, 31, who appears to be the Uber driver arrested on Jan 12 in connection with Koh's case last year.

Lam (photo) had claimed trial to a charge of allegedly extorting RM30,000 from the pastor's son Jonathan Koh, 33.

Mah said Fuzi had also cited Section 12(2) of the Suhakam Act 1999, which states that the commission shall not inquire into any complaint relating to any allegation of the infringement of human rights that is the subject matter of any proceeding pending in any court, including any appeal.

Prior to the decision being made, the lawyer for Koh's family, Gurdial Singh Nijhar, argued that the inquiry should not be suspended as its Terms of Reference went beyond whether a crime has been committed or otherwise to also determine whether it had been assisted by state authorities.

"In our preliminary observations, even assuming that there is a person (charged), the remit of the inquiry is much larger than just establishing that a crime has been committed," Gurdial said.

Lawyer Gerald Gomez also raised the issue of Lam's being charged with extortion last year and subsequently requested to be allowed to see his current charge sheet.

In announcing his decision, Mah also said that the inquiry would nevertheless proceed to hear the other cases of missing persons involving Amri Che Mat, Joshua Hilmy and his wife Ruth Helmy, from next Monday.

The inquiry is seeking to establish whether the disappearances of Koh and the three others were tantamount to enforced disappearances as defined under the International Convention for Protection of all Persons from Enforced Disappearances (ICPPED).- Mkini