Suhakam hearing: Joshua Hilmy's phone number last ‘active’ in Dec 2016
Pastor Joshua Hilmy’s prepaid smartphone number was last “active” on Dec 31, 2016, over a month after he was last seen alive, Human Rights Commission of Malaysia (Suhakam) public inquiry heard today.
The inquiry is to determine whether the Muslim, who converted to Christianity, and his Indonesian wife Ruth Sitepu, were victims of enforced disappearance...
Pastor Joshua Hilmy’s prepaid smartphone number was last “active” on Dec 31, 2016, over a month after he was last seen alive, Human Rights Commission of Malaysia (Suhakam) public inquiry heard today.
The inquiry is to determine whether the Muslim, who converted to Christianity, and his Indonesian wife Ruth Sitepu, were victims of enforced disappearance.
According to a copy of a letter of correspondence between Suhakam and service provider, Maxis revealed during the inquiry, Sitepu’s two smartphone numbers were last “active” on Feb 15 and 16, 2017.
The couple was last seen on Nov 30, 2016. However, they were only reported missing on March 6, 2017.
“Active” here refers to the last time that the prepaid numbers could make and receive calls and short messaging service (SMS) messages, due to payments made via top-ups purchased for the prepaid numbers.
During the proceedings, the three-person panel chaired by commissioner Hishamuddin Yunus was shown the correspondence letter, which listed the dates when the prepaid numbers of Hilmy and Sitepu were disconnected for non-payment of an outstanding bill.
Hilmy’s number was disconnected on Feb 19, 2017, while Sitepu’s two numbers were disconnected on April 6 and 7, the same year.
Maxis’ voice call engineering department head Lai Sau Ping testified that if a Maxis prepaid customer stops purchasing top-ups to pay the bill, the customer would enter a 50-day “grace period”.
She explained that this period is where the customer’s account is not terminated but that no outgoing calls and SMS messages could be made.
The 25th inquiry witness added that to access full prepaid service where one can receive and issue calls and SMS, the account needs to be in an “active state”, made possible via purchasing of top-ups.
She explained for example that RM10 top-up can give the customer a 10-day validity period where the number is active and can be used to both receive and send out calls and SMS.
“If he (customer) does not pay (make top-up) after that, they fall into a (50-day) grace period when the balance is frozen and cannot call, but you can still receive calls and SMS.
“If still no payment after the grace period, the number is automatically terminated,” she said.
Referring to the correspondence letter, she said for one of Sitepu’s two prepaid numbers stated the disconnection date as April 7, 2017, therefore, the last “active period” was on Feb 16 that same year.
Based on today’s inquiry and taking into account the prepaid numbers’ disconnection dates and 50-day “grace period”, Malaysiakini’s calculation showed that Hilmy’s prepaid number was last “active” on Dec 31, 2016.
Calculations also showed that Sitepu’s two prepaid numbers were last “active” on Feb 15 and 16, 2017.
Later in the inquiry, the Suhakam panel was told by 24th witness P Saravana that it is possible to try to retrieve the data on calls and SMS activity of the couple’s prepaid numbers.
The head of Maxis’ ordering, charging and billing department said this is because Malaysia’s regulation requires telecommunication companies to store the data for seven years.
However, he pointed out that the retrieval process is cumbersome, with an estimation of two weeks to retrieve just a month's worth of data.
In reply to a query from another Suhakam panel member, commissioner Jerald Joseph, Saravana said the archived data is not on the content of calls and SMS.
The witness said what is achieved instead is the time and day when a call or SMS was sent out, as well as raw detail on the sending or receiving numbers of these calls and messages, among other data.
When Hishamuddin asked whether the archived data includes those on WhatsApp, Saravana said it does not as that app is a separate "data service" outside of Maxis.
Towards the end of the proceedings, counsel Philip Koh - who acts for Sitepu's family - asked whether Suhakam would be making an official application to Maxis to retrieve the archived data.
Hishamuddin replied that the panel will deliberate on whether to make the official application.
The other member of the three-person panel was commissioner Madeline Berma. Lawyer SP Chandra appeared for the Bar Council.
The hearing will resume on Aug 12.
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