The family of abducted pastor Raymond Koh and the government are attempting to resolve a legal action over his enforced disappearance five years ago, the Kuala Lumpur High Court heard.
Civil court judge Ahmad Bache was informed about it this morning by the family’s counsel Gurdial Singh Nijar and senior federal counsel Raja Zaizul Faridah Raja Zaharudin.
Today was initially set for a full hearing of the civil action to compel the police to reveal the whereabouts of Koh (above), with Gurdial acting for the family while Raja Zaizul represents the government.
Gurdial, with the agreement of Raja Zaizul, sought a postponement of this morning’s hearing to June 6 next year, citing the attempt by the parties to resolve the matter.
“After having heard the application, the court takes into account that parties are trying to resolve the case including via representation to the attorney-general.
“The court allows the plaintiff’s (Koh’s family) application to adjourn the case,” Ahmad said before setting the matter for hearing on June 6.
“In this time period, the court hopes that parties use the time allotted to try to resolve the matter,” the judge addressed both plaintiff and defendants, which included the government.
Ahmad noted that among the other reasons cited for the adjournment application was so that the defendants are given enough time to peruse the plaintiff’s witness statement, which is 120 pages and was only filed last week.
However, it was not revealed in court the name of this witness.
Later today in a media statement, the family's legal team issued a media statement confirming they sought the postponement of the hearing of the lawsuit initially set for today until Wednesday this week.
They said it was because they are exploring the possibility of resolving the matter, including via sending a letter of representation to the Attorney-General’s Chambers (AGC).
They also revealed they are trying to obtain a copy of a report - prepared and completed by a task force established by a previous government (under the Dr Mahathir Mohamad administration) - which they contended has bearing on the present legal action.
Lawsuit filed in 2020
In February 2020, Koh’s wife Susanna Liew filed the lawsuit against the government and 12 other defendants in a bid to compel them to identify and reveal the pastor’s whereabouts.
In a media statement, Liew said she has no alternative but to turn to the courts to seek the truth as to what happened to her husband.
Among others, the civil action named the government of Malaysia, the inspector-general of police (IGP), former IGPs Khalid Abu Bakar and Mohamad Fuzi Harun, and various police officers as defendants.
Also named in the suit was the former Special Branch contract worker Saiful Bahari Abdul Aziz, whose gold-coloured Toyota Vios was linked to the disappearances of Koh and another abducted person, activist Amri Che Mat.
Koh and Liew are the listed plaintiffs of the civil action.
The lawsuit 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 are seeking a court order to compel the defendants to identify and disclose Koh’s whereabouts.
In addition, they want the police to be instructed to arrest Saiful Bahari, who is allegedly at large, and have him brought to court to give sworn testimony on his and his vehicle’s purported involvement in Koh’s abduction.
The family are also seeking a court declaration that the constitutional rights of the plaintiffs have been breached, general and exemplary damages, costs, interests, and any other relief the court may see fit.
Suhakam’s finding
Koh was abducted from his car in Petaling Jaya, Selangor on Feb 13, 2017, while Amri was abducted sometime around midnight on Nov 24, 2016.
A Suhakam inquiry has found that on a balance of probabilities, the duo’s disappearances were perpetrated by members of the Special Branch from the police headquarters at Bukit Aman, Kuala Lumpur.
Incidentally, the defendants are also relying on the Suhakam finding in their statement of defence against the lawsuit, contending that the finding did not specifically state there was a state-sanctioned abduction of Koh.
In November 2019, Amri’s wife Norhayati filed a suit against 21 defendants in relation to her husband’s disappearance, including some of the same defendants named in Liew’s suit. - Mkini
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