Court of Appeal upholds govt's stay on paying millions in damages to Koh, Amri

The Court of Appeal today upheld the Kuala Lumpur High Court’s decision allowing the government to defer paying compensation awarded to the families of Raymond Koh and Amri Che Mat pending appeals against the judgments.

A three-member panel led by judge Alwi Abdul Wahab ruled that the stay orders the High Court granted on Jan 26 should not be disturbed.

The panel held that the High Court had exercised its discretion rationally by preserving the status quo until the government’s appeals are fully determined.

In Koh’s case, his wife, Susanna Liew, the second plaintiff in the suit, filed the appeal after the High Court ordered the government and other defendants to pay damages for the pastor’s disappearance.

Her counsel, Steven Thiru, argued that the stay should not have been granted, as both parties had entered into a consent order on Dec 8 last year, agreeing that Amanah Raya Berhad would act as trustee for the compensation.

However, the panel ruled that the trustee arrangement did not prevent the court from granting a stay.

“(The consent order) was never intended as an absolute undertaking to waive the statutory right to seek a stay or as an admission of liability.

“A stay does not disturb the consent order but merely suspends its enforcement to ensure the appellate process is not rendered moot.

“We also acknowledge that the High Court judgment involves a substantial and continuing daily sum of RM10,000 (which) refusing a stay would force the immediate disbursement of public funds.

“Even with the trust mechanism, we agree with the respondent (government) that immediate execution of recurring payments from public funds is structurally impractical,” said Alwi.

Also on the panel were judges Shahnaz Sulaiman and Amarjeet Singh.

Koh’s abduction

Koh was abducted by a group of men along Jalan SS4B/10, Petaling Jaya, Selangor, on Feb 13, 2017, while travelling to a friend’s house. He was 62 at the time.

His wife filed a lawsuit on Feb 13, 2020, against 13 parties, including the government, the inspector-general of police, former IGPs Khalid Abu Bakar and Fuzi Harun, as well as several police officers.

On Nov 5 last year, High Court judge Su Tiang Joo found the defendants liable and ordered them to pay RM10,000 per day in damages from the date of Koh’s disappearance until he is found.

Su also awarded RM4 million in damages, RM1 million in aggravated damages for the prolonged delay in locating Koh, and RM1 million for unconstitutional acts committed against him by the defendants.

The judge also ordered a separate RM3 million for Liew, comprising RM2 million in general and aggravated damages and RM1 million in exemplary damages.

The police were also ordered to reopen investigations into Koh’s disappearance and submit progress reports to the attorney-general every two months.

Amri disappeared in 2016

In Amri’s case, the panel unanimously held that the stay would not prevent the plaintiffs from seeking justice as it only temporarily delays enforcement of the judgment pending the government’s appeal.

Amri’s wife, Noorhayati Ariffin, filed the suit in 2019 against the government, police, and four others over the activist’s disappearance in 2016.

Amri, who was alleged to be a Syiah follower and proselytiser, disappeared on Nov 24, 2016, in Kangar, Perlis.

Su ruled that the defendants were vicariously liable for Amri’s disappearance and awarded Noorhayati RM3 million in damages, RM14,457.52 in special damages, and RM250,000 in costs.

The judge had also ordered police to reopen investigations and submit progress reports to the attorney-general every two months.

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