Still not found: Amri went missing in November 2016 while Koh disappeared in February 2017.
Families awarded over RM34mil in damages in landmark ruling
KUALA LUMPUR: In back-to-back landmark rulings, the High Court has found the government and police liable for the disappearances of activist Amri Che Mat and Pastor Raymond Koh – ordering compensation totalling over RM34mil to their families.
Justice Su Tiang Joo, in separate judgments yesterday, awarded RM3mil to Amri’s wife, Norhayati Mohd Ariffin, and RM31mil to Koh’s family, citing among others, police involvement, wrongful case classifications and failures to conduct effective investigations.
Both men went missing within months of each other – Amri in Perlis in November 2016 and Koh in Petaling Jaya in February 2017.
The cases sparked nationwide concern over alleged enforced disappearances.
Justice Su ordered the government and the police to pay RM31mil in damages to Koh’s family over their involvement in his abduction eight years ago.
He ruled that one or more than one defendants, who are currently and formerly of the police force, were carrying out an “order” involving Koh.
The court ordered the government to pay RM10,000 per day to Koh’s family from the date of his disappearance on Feb 13, 2017, until he is found.
The court also granted RM4mil in damages and RM250,000 in costs to Koh’s family.
On Feb 11, 2020, Koh’s wife Susanna Liew filed the civil suit against 13 defendants including the government over his disappearance.
Koh, who founded the NGO Harapan Komuniti, was abducted by a group of armed 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 in tactical gear and three black SUVs involved in the abduction, which was done in a “professional” style.
Justice Su also awarded Amri’s wife RM3mil in damages over his disappearance.
He ruled that Norhayati had proven her case on the balance of probabilities.
He found the government to be liable for Amri’s disappearance and ordered the police to reopen their investigation into the case and to appraise their progress to the Attorney General every two months.
“I find there was a lack of effort to keep Amri’s family updated,” he said.
The court noted there was a wrongful classification in Amri’s case when it should have been classified as an abduction and not missing person.
Justice Su said the authorities had infringed on Norhayati’s right to life as protected under Article 5(1) of the Federal Constitution when the defendants failed to carry out an effective investigation into Amri’s disappearance.
The court awarded the plaintiff RM14,457.52 in special damages, RM2mil in general and aggravated damages, RM1mil in exemplary damages as well as interests.
The court also awarded RM250,000 in costs to the plaintiff.
Norhayati had filed the lawsuit to seek damages for the loss she suffered.
Amri was allegedly abducted in Perlis close to midnight on Nov 24, 2016.
The vehicle he used was subsequently found in an abandoned construction site at Bukit Chabang, Perlis, at around 12.30am the next day.
