Court orders cops to probe Amri's abduction, awards wife RM3m damages

The Kuala Lumpur High Court has found the police and government vicariously liable for the disappearance of Amri Che Mat, awarding his wife, Norhayati Ariffin, RM3 million in damages.

Judge Su Tiang Joo, who took nearly two hours to deliver his judgment, awarded RM2 million in general damages and RM1 million in exemplary damages.

He also awarded RM14,457.52 in special damages and RM250,000 in costs to the plaintiff.

He further ordered the police to reopen their investigation and submit progress reports to the attorney-general every two months.

“I find there was a lack of effort to keep Amri’s family updated (and) wrongful classification of Amri’s disappearance as it should have been classified as abduction instead of a missing person,” he said.

The judge added that the authorities had violated Norhayati’s right to life, protected under Article 5(1) of the Federal Constitution, by failing to conduct an effective investigation into Amri’s disappearance.

Su’s judgment also considered Norhayati’s amended statement of claim, where she emphasised that she was not claiming for losses suffered by Amri on his behalf, but, instead, she was claiming for losses suffered as his wife.

“The plaintiff's position is, they said, it is indisputable there is no evidence to show whether Amri is dead or alive. There is no application made to have Amri declared to be presumed dead.

“(However, in the amended claim) the plaintiff (said she) has incurred serious anguish, mental distress, pain, and suffering and continue to suffer (as) the plaintiff has not been able to get any certainty as to what is it that occurred and whether Amri is still alive.

“The plaintiff has had to fear the worst that Amri was put to death (and she) avers this constitutes cruel, inhumane, and degrading treatment.”

Norhayati filed the suit against the government, police, and four others on Nov 18, 2019, seeking aggravated and exemplary damages for the loss she suffered over Amri’s disappearance in 2016.

She initially filed the suit against 21 defendants. However, before reading the judgment today, the court confirmed with Norhayati’s counsel, Surendra Ananth, that she had dropped the suit against 15 individuals, including Ahmad Zahid Hamidi, who was the home minister between May 16, 2013, and May 9, 2018.

Amri, an alleged Syiah follower and proselytiser, disappeared on the evening of Nov 24, 2016, in Kangar, Perlis.

Painting a sorry picture

Su added that the defendants’ own defence against Norhayati’s claim, that Amri’s disappearance was a missing person’s case, painted a sorry picture, citing delays in taking statements and incompetent handling of DNA evidence.

“The guidelines laid down the standard to be measured against. (And) upon review, it is found that (should) they have complied with their own guidelines, they would have probably acquitted themselves.

“(The SOPs) covered both voluntary and involuntary disappearance (which is) a fact admitted by under cross-examination. The defendant submitted that nowhere in the SOP does it say that the IO must comply with it.

“It paints a sorry picture for the defendants, as it presents compelling proof that they (the authorities) have failed and neglected to comply with their own SOP (as) there was severe delay in taking statements from relevant witnesses (and) incompetent handling of the DNA evidence.”

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