AG: High Court erred in rulings on Koh and Amri, appeals to be filed

Attorney-General Dusuki Mokhtar believes the Kuala Lumpur High Court erred in its judgments concerning the disappearances of Pastor Raymond Koh and social activist Amri Che Mat.

Speaking to Malaysiakini, Dusuki (above) said the Attorney-General’s Chambers (AGC) will file appeals against the rulings today.

“In my opinion, the decision was not based on established judicial principles since the judge erred in his finding in regard to the facts and the law applicable. We will bring the matter further to be argued at the Court of Appeal,” he said.

He added that the AGC will also seek a stay of the order requiring the government to pay Koh’s family RM10,000 per day for every day he remains missing.

Yesterday, High Court judge Su Tiang Joo found the government and police liable for the disappearances of both men.

Su awarded Amri’s wife, Norhayati Ariffin, RM3 million in damages, comprising RM2 million in general damages and RM1 million in exemplary damages.

“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,” the judge said.

The court also ordered RM14,457.52 in special damages and RM250,000 in costs to the plaintiff.

Separately, Su directed the government to pay RM10,000 per day to Koh through a trust account until the pastor is found. The payments are to be calculated from Feb 13, 2017 - 3,188 days ago - when Koh was abducted.

The court awarded RM4 million in damages to Koh, alongside RM1 million in aggravated damages for the prolonged delay in locating him and another RM1 million for unconstitutional acts by the defendants.

Koh’s wife, Susanna Liew, the second plaintiff in the suit, was granted RM2 million in general and aggravated damages for mental distress, plus RM1 million in exemplary damages.

In both cases, Su ordered the police to reopen investigations and submit progress reports to the attorney-general every two months.

2016, 2017 ‘disappearances’

Amri, an alleged Shia follower and proselytiser, vanished on Nov 24, 2016, in Kangar, Perlis. His wife had testified that on May 12, 2018, a Special Branch officer from Perlis, Shamzaini Daud, told her the division was responsible for the abduction.

Koh, 62, was abducted in broad daylight along Jalan SS4B/10 in Petaling Jaya while driving to a friend’s house. CCTV footage believed to have captured the incident showed at least 15 men and three black SUVs involved in the operation.

In 2019, Suhakam concluded that both Koh and Amri were victims of enforced disappearance carried out by Special Branch members from Bukit Aman.

Deputy Prime Minister Ahmad Zahid Hamidi later rejected Suhakam’s findings, denying that he had ordered the abductions during his tenure as home minister.

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