Govt allowed to defer paying RM38m in damages to Pastor Koh and wife

The Kuala Lumpur High Court has allowed the government’s application to postpone paying court-ordered damages amounting to millions to Pastor Raymond Koh and his wife, Susanna Liew.

Judge Mahazan Taib, who delivered her verdict this morning, said the government has successfully established special circumstances within the meaning of Order 45 of the Rules of Court 2012 to warrant a stay of execution pending their appeal at the Court of Appeal.

The judge found that there was no prejudice, on the balance of justice, against Koh and his wife - named as respondents in the application - if a stay is granted.

“The damages are not payable to the first respondent (Koh) in any event. There is no suggestion of insolvency or dissipation on the part of the government.

“Also, no urgent financial necessity has been shown.

“On the other hand, refusal of a stay would expose the applicant to irreversible administrative and financial consequences, notwithstanding that the judgment is presently under appeal.

“Weighing all the circumstances, I am satisfied that the balance of justice clearly favours the preservation of the status quo pending the determination of the appeal,” said the judge.

This verdict would mean that the government has obtained a temporary postponement from paying the cumulative RM10,000 per day damages to Koh, among other financial damages awarded, as confirmed by Liew’s lawyer Michelle Wong to Malaysiakini after today’s proceedings.

Wong also confirmed that today’s verdict would also postpone other court orders, including having the authorities reopen their investigation into Koh’s abduction, as well as the appointment of Amanah Raya Berhad on Dec 8 last year as Koh’s trustee.

“The government has obtained a stay of execution against the entire judgment and the (subsequent) order on Dec 8. This would mean that the calculation (for daily accumulative damages) stops today,” Wong said.

Case background

Koh had been abducted by a group of men along Jalan SS4B/10 in Petaling Jaya while on his way to a friend’s house. He was 62 years old at the time of the abduction.

CCTV footage, believed to be of the incident, showed at least 15 men and three black SUVs involved in Koh’s abduction.

His wife had then filed the suit over Koh’s whereabouts on Feb 13, 2020, naming 13 parties, including the government, the inspector-general of police (IGP), and former IGPs Khalid Abu Bakar and Fuzi Harun, as well as various police officers, as defendants.

She also named former Special Branch contract worker Saiful Bahari Abdul Aziz, whose gold-coloured Toyota Vios was linked to the abductions of Koh and Amri.

The suit claimed that the rights of the plaintiffs had been breached through Koh’s abduction, the failure to account for his whereabouts, negligence, and/or malfeasance in public office.

As relief, the plaintiffs sought a court order to compel the defendants to identify and disclose Koh’s whereabouts.

In addition, they wanted the police to be instructed to arrest Saiful, who is at large, and have him brought to court to give sworn testimony on his and his vehicle’s involvement in Koh’s abduction.

More than RM38m due

Kuala Lumpur High Court judge Su Tiang Joo, on Nov 5 last year, had ordered the defendants to pay RM10,000 per day in damages to Koh, which was counted from the day of his abduction, which was Feb 13, 2017, until he is found.

He further awarded RM4 million in damages and also RM1 million aggravated damages for the prolonged delay of his discovery and another RM1 million for unconstitutional acts taken against him by the defendants.

The judge, at that time, stated that he did not “pluck the figure out of thin air” and tied the figure to a Court of Appeal decision on a false imprisonment case.

He also ordered the police to reopen their investigation into the case and report their progress to the attorney-general every two months.

The total amount of damages payable to Koh, including the daily accumulated damages, is more than RM38 million as calculated on Jan 26, 2026.

The court further ordered a total of RM3 million of separate monetary relief for Koh’s wife, which was RM2 million in general and aggravated damages for her mental distress and RM1 million of exemplary damages.

Su had also appointed Amanah Raya Berhad, on Dec 8, to manage Koh’s court-ordered monetary compensation, following an agreement between the plaintiffs and the defendants for the public trustee to be appointed.

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