Kes Culik Dan Hilang Amri Che Mat, Pastor Koh, Hilmy Dan Isteri Masuk Tahun Ketujuh. Patut Bertukar Menjadi Kes Serial Murder.

 

Kerajaan Madani boleh runtuh kalau kes Amri, Koh yang hilang terus menjadi rahsia

https://permadumalaysia.blogspot.com/2023/06/kerajaan-madani-boleh-runtuh-kalau-kes.html?m=1

WAN AZIZAH RESAH SUAMI 5 HARI TIADA KHABAR BERITA, BAGAIMANA NORHAYATI, SUDAH 7 TAHUN SUAMINYA AMRI CHE MAT DIHILANGKAN TANPA BERITA?

Oleh Faisal Tehrani

Saya pernah tuliskan, jika kerajaan ini – Kerajaan Perpaduan – menafikan kerabat mangsa kehilangan paksa untuk mendapat pengetahuan apa yang terjadi; ketahuilah kerajaan ini akan runtuh. Allah tidak bersama-sama penindas. Saya pernah menuliskan di sini yang Allah tahu Amri dimangsai. Jika kerajaan memilih untuk memendam apa yang sudah berlaku ketahuilah mala petaka dan bencana akan menyapa. Lambat-laun, yang madani akan menjadi mungkiri, setiap yang mungkir berakhir mungkar.

 

My Comments : Three people ie Hilmy and his wife Ruth Sitepu and Amri Che Mat were disappeared in November 2016. That is closing on SEVEN YEARS already. 

Pastor Koh was abducted and disappeared in February 2017 - also almost SEVEN YEARS.

If a person is missing for SEVEN YEARS then under the law they can be legally declared dead. 

Here is a brief part of an academic research paper titled Presumption Of Death Law In Malaysia: The Case Of Missing Persons

 
https://www.europeanproceedings.com/article/10.15405/epsbs.2018.12.03.84

Presumption Of Death Law In Malaysia: The Case Of Missing Persons
Nor Azlina Mohd Noor,  Ahmad Shamsul Abd Aziz

There exist opinions from the scholars and academicians that the common law waiting period of seven year to be endure by the family members before the application of presumption of death can be filed before the High court is absurd and no longer relevant in the modern society. 

United Kingdom, United States and several other Commonwealth countries such as Australia and Canada have started to move from the common law principle waiting period of seven years to a much shorter period by acknowledging the ‘specific peril’ rule such as accident and disaster as justification to make a declaration of presumption of death to missing persons where their physical body cannot be found (Noor & Halim, 2015).

In order to invoke the presumption of death, two basic facts must be proved, that the person must not have been heard of for seven years; and he must not have been heard during that time by those who would naturally have heard of him.

Section 108 of the Evidence Act 1950 contemplates a case where nothing more was known than that a person had not been heard of for seven years or more. It provides that, “When the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.”

 

My Comments : 

So if any of the legal protagonists think that the FOUR abducted and missing persons are still alive after SEVEN years, then  the burden of proving that they are alive is shifted to YOU, the person who says they are still alive.

If you cannot prove that they are still alive then the law must declare them legally dead.

To the lawyers, the human rights lawyers and the human rights NGOs you should take up this case diligently on behalf of the families of the abducted and missing Pastor Koh, Amri Che Mat and the missing Hilmy and his wife Ruth. These FOUR people have been disappeared now for close to SEVEN YEARS.

Since Police Reports have been lodged and investigations commenced and also since the Human Rights Commission or SUHAKAM has held public inquiries on these dissappeared people and made their conclusions known it is an established fact that these FOUR people have gone missing or disappeared NOT OF THEIR OWN FREE WILL. 

THEY HAVE BEEN DISAPPEARED BY OTHER PEOPLE STILL AT LARGE.

The abduction of Pastor Koh has been caught on video tape and the SUHAKAM has also said point blank that State-actors were involved.

Since almost SEVEN YEARS have passed the law should provide that these missing people be declared legally dead. 

And considering the circumstances around their abduction or their going missing involuntarily or both, declaring them legally dead should be a legal precursor to reclassifying their cases as murder.

These FOUR abductions and missing  persons cases should be reopened as murder investigations.

The long suffering families of these abducted and missing persons should get some closure on where are the physical whereabouts of their loved ones. 

And if all FOUR cases can be linked they should be classified as serial murders or mass murders.  

This so called madani gomen should embark on solving these crimes on an urgent basis. What is there to cover up? Sibuk-sibuk nak telanjangkan Dr Mahathir, nak telanjangkan Tun Daim? Why not telanjangkan this forced abductions and missing persons cases?

Dengar baik-baik what Faisal Tehrani has said:

• Saya pernah tuliskan, jika kerajaan ini – Kerajaan Perpaduan – menafikan kerabat mangsa kehilangan paksa untuk mendapat pengetahuan apa yang terjadi; ketahuilah kerajaan ini akan runtuh. Allah tidak bersama-sama penindas.
• Jika kerajaan memilih untuk memendam apa yang sudah berlaku ketahuilah mala petaka dan bencana akan menyapa. 
• Lambat-laun, yang madani akan menjadi mungkiri, setiap yang mungkir berakhir mungkar.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.