More than eight years after Pastor Raymond Koh’s disappearance, the High Court has ordered the Malaysian government to pay more than RM37 million to the missing Christian minister’s family.
In his ruling, Justice Datuk Su Tiang Joo found the Malaysian government to be vicariously liable for negligence, false imprisonment, misfeasance in public office, breach of statutory duty, conspiracy to cause harm, and infringement of fundamental liberties in Koh’s disappearance.
The decision brings some closure for Liew, who has been fighting for answers since 2017.
“Today marks a historic and emotional milestone for the Koh family,” Liew began at a press conference outside the court, “[for] our legal team, civil society and all Malaysians who have stood with us in pursuit of truth and justice.”
In an emotional speech, she recounted the years-long struggle for answers to be revealed and justice to prevail despite the overwhelming odds stacked against them.
“We are thankful for the manner in which the Malaysian courts handled this sensitive case… we felt some vindication as we were able to tell our side of the story and hear the responses by some of the police officers who had been named as defendants.
We are overjoyed and thankful to God that we have a fair and honest judgement,” Liew continued. “Though this will not bring Pastor Raymond back, it is somewhat a vindication and closure for the family. We dedicate this struggle and judgement to Pastor Raymond Koh, a man of faith, compassion and courage, and to all victims of enforced disappearances,” she said.
Liew also thanked and commended Special Branch sergeant Shamzani Daud for his courage in revealing details about the abduction.
The court ordered the government to pay RM10,000 per day in general damages from the date of Koh’s disappearance until his whereabouts are ascertained. As of today, that amounts to over RM31 million and according to Liew’s legal team, is set to become the largest payout in history.
The amount will be held in a trust fund and cannot be disbursed to Liew or their children until Koh’s location and well-being, whether alive or not, is determined.
Justice Su also ordered an additional RM6 million in general and aggravated damages to be awarded to Koh and Liew, as well as RM250,000 in costs.
Liew told the New Straits Times that while happy with the judgment, no amount of money can replace the life and hopes that those responsible will be held to account.
“They can’t go scot-free. They went against the law, and anyone who goes against the law should be punished,” she told the publication, recounting her husband’s easy-going personality and love for children.
She spoke of his love for music and song-writing, and how he owned only three sets of clothing — having given the rest away to those in need.
In 2020, Liew filed the lawsuit before the three-year limitation period expired following failed attempts to obtain answers.
In her lawsuit, she sought to hold the state responsible for Koh’s abduction on 13 February 2017. In broad daylight, the minister’s car was surrounded by vehicles and masked individuals in Kelana Jaya, Selangor. His abduction was caught on CCTV and witnessed by passers-by.
A few months prior, activist Amri Che Mat had also disappeared in a manner similar to Koh. Witnesses claimed to have seen several four-wheel drives surround Amri’s car, which was later found 25km from his home with the window smashed in.
His wife, Noorhayati Mohd Ariffin, filed for lesser charges and was awarded over RM3 million in damages.
Through the years, Koh and Amri’s disappearances have intrigued Malaysians, especially after a 2019 report by the Human Rights Commission of Malaysia (Suhakam) and a Special Task Force report commissioned by the government both concluded that the men had been likely abducted by members of the nation’s elite Special Branch.
In her statement, Liew expressed disappointment and shock that these findings did not initially result in purposeful action, but thanked everyone who supported, prayed for and defended justice for Koh and Amri. “May God bless Malaysia,” she finished.
Today (6 November), the Attorney-General’s Chamber announced it is filing an appeal “to the Court of Appeal against the entire ruling.”
Sources: Malay Mail, Bernama, New Straits Times, BBC, Malaysiakini and CCM Youth Network
