Malaysia’s AGC Appeals High Court Ruling on Pastor’s Disappearance Compensation

The Attorney-General’s Chamber (AGC) of Malaysia has announced plans to appeal a recent ruling by the Kuala Lumpur High Court, which ordered the government to pay more than RM37 million (approximately US$8.8 million) in damages related to the disappearance of pastor Raymond Koh eight years ago. The announcement came in a statement released on November 6, 2023, following the court’s decision that found the government liable for Koh’s enforced disappearance.

Koh was abducted on February 13, 2017, in Petaling Jaya, Selangor, under dramatic circumstances. CCTV footage captured the incident, showing at least 15 men dressed in tactical gear using three black SUVs to carry out the abduction in under a minute, as reported by The Edge. The High Court found that both the police and the government were responsible for Koh’s disappearance and mandated daily compensation of RM10,000 for each day he remains missing, amounting to over RM31.8 million as of the ruling date.

High Court Ruling and Government Accountability

Judge Su Tiang Joo, presiding over the case, ordered the total compensation to be held in a trust fund until Koh’s whereabouts are confirmed. Additionally, the court awarded RM4 million in general damages, RM1 million in aggravated damages for the prolonged delay in locating Koh, and another RM1 million for constitutional violations against him, leading to a total exceeding RM37 million.

The court is satisfied that the plaintiffs have proven that the defendants had exercised public power in bad faith. The enforced disappearance of Koh collectively constitutes oppression of the highest order.

In his verdict, Judge Su stated that police personnel, both current and former, were involved in Koh’s abduction, acting “oppressively and arbitrarily.” He criticized the government’s failure to conduct a proper investigation and accused it of suppressing evidence. The judge emphasized that the coordination shown in the CCTV footage indicated pre-planning and suggested state involvement, a claim that the defendants disputed.

Koh’s wife, Susanna Liew, expressed her gratitude for the ruling, dedicating it to her late husband and others who have faced similar injustices. “We dedicate this struggle and judgment to Pastor Raymond Koh, a man of compassion and courage, and to all victims of enforced disappearances,” she stated.

Broader Implications and Related Cases

Koh’s case is not isolated; it has drawn parallels with the disappearance of activist Amri Che Mat, who vanished in November 2016. The High Court also ordered the government and police to pay over RM3 million in compensation to Amri’s family for their failure to conduct a thorough investigation. Both cases have sparked significant criticism from local and international human rights organizations, including Amnesty International and Human Rights Watch.

Following the High Court’s ruling, the AGC indicated it will also appeal in connection to Amri’s case. The court directed the police to reopen investigations into both disappearances and mandated that progress reports be submitted to the AGC every two months. This ruling marks a significant moment in Malaysia’s legal history, being the first judgment holding the government accountable for enforced disappearances.

In a press conference after the verdict, Liew expressed mixed feelings about the outcome. While she welcomed the judgment, she lamented that no amount of money could bring her husband back. “No amount of money will ever bring my husband back,” she said, recalling the chilling threats her husband received prior to his disappearance.

Both Koh and Amri have been linked to accusations of proselytising Islam, a serious allegation in Malaysia, where such activities can lead to significant legal repercussions. The case has underscored the ongoing concerns regarding enforced disappearances in the country and the accountability of state agents.

As the AGC moves forward with its appeal, the attention remains focused on the government’s responsibility and the need for justice for victims like Raymond Koh and Amri Che Mat.