Simultaneous verdicts for Koh, Amri enforced disappearance suits

The Kuala Lumpur High Court will deliver simultaneous verdicts for the enforced disappearance suits involving victims Pastor Raymond Koh and activist Amri Che Mat.

Judge Su Tiang Joo today ruled there are enough similarities between both civil actions that warrant decisions to be made simultaneously when the trial concludes.

The presiding judge for both actions noted that Suhakam inquiries were conducted into both disappearances, and several common witnesses testified in both trials.

"The court is of the view that there are some common questions of fact in both suits.

"As the (same) court is hearing both suits, the risk of inconsistent finding can be minimised," Su said during civil court proceedings this morning.

The judge, however, said he would not rule on whether to consolidate the suits, as both civil actions are now at different stages of trial.

Su noted that the suit over Amri's disappearance was filed in 2019, while the suit over Koh's (above, left) disappearance was lodged later in 2020.

The disappearances

Amri disappeared in Perlis on Nov 24, 2016, while Koh was abducted in broad daylight in Petaling Jaya, Selangor, on Feb 13, 2017.

In 2019, Suhakam concluded that Koh and Amri's abduction were enforced disappearances perpetrated by Bukit Aman’s Special Branch.

Enforced disappearance is the secret abduction or imprisonment with the backing of the state, followed by refusal to acknowledge the victim's fate or whereabouts, to place the abductee or detainee outside the protection of the law.

Via the lawsuits, the two men's families seek to compel the authorities to disclose the victims' whereabouts.

Earlier this year, Amri's family obtained limited access to the Home Ministry's Special Task Force (STF) report on his disappearance.

The government has pledged to hand over the classified report to Koh's family by Sept 13.

Lawyers Ananthan Moorthi and Surendra Ananth appeared for the families of Koh and Amri, respectively.

Senior federal counsel Zetty Zurina Kamaruddin and Nurul Farhana Khalid acted for the police and federal government.

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