KUALA LUMPUR (Nov 5): The High Court has ruled that the Malaysian government and police are liable for the 2017 abduction of pastor Raymond Koh and that key elements of the case indicated state involvement, with at least one police officer involved in the abduction.

High Court judge Datuk Su Tiang Joo, in delivering the ruling on Wednesday, ordered the government to pay RM10,000 per day to Koh's family, starting from his disappearance on Feb 13, 2017, until he is found.

The judge also granted RM4 million in general damages and RM250,000 in legal costs to Koh's family. These, together with the daily sum to date, add up to about RM37 million.

In his verdict, the judge said the police had acted "oppressively and arbitrarily" in the case. The circumstances of the abduction, the withholding of information, and the parallels with activist Amri Che Mat’s disappearance collectively strengthened the plaintiff’s case, he said.

“The court is satisfied that the plaintiffs have proven that (the defendants) had exercised public power in bad faith. The enforced disappearance of Koh collectively constitutes oppression of the highest order,” Su added.

Koh, the founder of the non-governmental organisation Harapan Komuniti, was known for his community work, especially for helping single mothers, those with addiction issues, and people living with HIV/AIDS.

On Feb 13, 2017, Koh was abducted in broad daylight in Petaling Jaya, Selangor, with CCTV footage showing at least 15 men in tactical gear using three black SUVs to execute the snatching in under 40 seconds.

Before his disappearance, Koh had been investigated by local Islamic authorities over allegations of proselytising Muslims. The family had also received a death threat and a box containing two bullets.

The Human Rights Commission of Malaysia, following a public inquiry, concluded in April 2019 that Koh was a victim of enforced disappearance carried out by state agents and named the Special Branch of the Royal Malaysian Police. The case has also been linked to Amri's disappearance in 2016.

The judge also directed the police to reopen the investigation, remove the original investigators from the case, and submit progress reports to the Attorney General’s Chambers every two months.

He said the compensation amount was justified, as government officials had used state resources and mechanisms accessible only to the police.

He pointed out that the same gold Toyota Vios was reportedly spotted during Amri's disappearance.

The government’s liability was also reinforced by the authorities’ failure to disclose key information and their lack of timely action in the aftermath of the abduction, he said.

He added that the prolonged suppression of information and lack of updates had deepened Koh’s wife Susanna Liew’s mental and emotional distress — which he said justified the court’s decision to grant aggravated and exemplary damages.

“Once state responsibility is established, damages must follow,” he said, adding that the state remains accountable regardless of whether the perpetrators have been identified.

Liew told a press conference after the verdict on Wednesday that the decision may not bring Koh back, but it is a vindication for the family.

She dedicated the family's struggle to bring the perpetrators to justice for her husband, whom she described as a man of faith, compassion, and courage. She also dedicated the court victory to all victims of enforced disappearances.

She also expressed her disappointment with the government for failing to act on the findings of Suhakam and a special task force that confirmed police involvement in the issue, their recommendations on the matter, as well as its failure to establish a royal commission of inquiry to investigate Koh's as well as Amri's disappearances.

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