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In a landmark case, the Malaysian High Court ruled on Nov. 5 that the Malaysian government and police are responsible for the abduction of a pastor eight years ago.
The man, Raymond Koh, has not been seen since he was pulled out of his car by armed men while driving to a friend's house in Petaling Jaya on Feb. 13, 2017, according to The Star.
The incident happened in broad daylight in front of witnesses and a CCTV camera.
The High Court judge ruled that one or more police personnel (both current and former) had acted "oppressively and arbitrarily" and misused their public powers in the incident, Malay Mail reported.
As for the government, he held it vicariously liable for various violations, including suppressing evidence and neglecting to properly investigate the case.
The court ordered the government and police to pay RM10,000 (about S$3,100) every day in general damages from the date Koh disappeared until his whereabouts are revealed.
As of the ruling, this sum adds up to over RM31.8 million (S$9.9 million).
The court also granted Koh's family RM6 million (about S$1.8 million) in exemplary and aggravated damages, and RM250,000 (about S$78,000) in costs.
The final amount is expected to be the largest in Malaysia's legal history.
Breach of duty
CCTV footage showed that the Christian pastor's car was surrounded by seven vehicles and about 15 masked individuals.
But the federal government responded by failing to properly investigate the disappearance, the court found.
Instead, it suppressed evidence, concealed information, and misdirected investigations.
The judge ruled this a breach of statutory duty.
He added that their actions suggest the involvement of individuals who were seeking to protect the alleged criminals.
Enforced disappearance
Koh's abduction was preceded by the disappearance of Malaysian social activist and Shia Muslim, Amri Che Mat, just three months prior.
The families of both men accused the police of having taken them, which the police consistently denied, BBC reported.
But in April 2019, the Human Rights Commission of Malaysia concluded after an inquiry that the police was indeed the likely culprit.
According to the government report, Koh and Amri were likely victims of enforced disappearances carried out by the police's intelligence unit known as the Special Branch.
They had been perceived as threats to mainstream Islam.
The report, initially secret but released after both families sued for access, said that "rogue cops" with "extreme views" were behind the abductions.
It stated that prior to Koh's disappearance, local Islamic authorities had investigated his non-governmental organisation (NGO) over allegations that it was trying to convert Muslims to Christianity, which is illegal in Malaysia.
The NGO, Hope Community, focused on helping marginalised and poor people, such as those living with HIV/AIDs and recovering addicts.
Closure
Following the High Court ruling, Koh's wife Susanna Liew said she was "overjoyed and thankful" for the judgment.
Even after the report came out in 2019 and was presented to Cabinet, the federal government had not acted, she said.
This prompted her to finally file the lawsuit in 2020, after years of failed attempts to get answers from the authorities.
She added: "Though this will not bring Pastor Raymond back, it is somewhat a vindication and closure for the family."
The money will be held in a trust fund that cannot be disbursed to Koh’s family until he is confirmed either dead or alive.
