RM37 million ruling: Explaining why the High Court found the government liable for pastor Koh’s disappearance

SHAH ALAM – With the case of social activist Amri Che Mat still fresh in public memory, another landmark ruling has once again placed state accountability under the spotlight.

The government and police have now been ordered by the High Court to pay over RM37 million to the family of missing pastor Raymond Koh, who was abducted eight years ago.

The ruling, delivered by Judge Datuk Su Tiang Joo, found that police personnel, both serving and former, were involved in Koh’s disappearance and had acted “oppressively and arbitrarily,” abusing their powers as public officers.

A long fight for justice

Pastor Raymond Koh was abducted on February 13, 2017, in Kelana Jaya, Selangor, when his car was intercepted by a convoy of vehicles.

Closed-circuit television (CCTV) footage captured the incident, showing the coordinated movements of several masked individuals; a level of precision that raised immediate suspicion of official involvement.

Koh’s wife, Susanna Liew, filed a civil suit in 2020 after years of unanswered questions and what she described as repeated failures by authorities to properly investigate the case.

The court’s findings

In his ruling, Judge Su Tiang Joo said the government was vicariously liable for negligence, false imprisonment, conspiracy to cause harm, breach of statutory duty and violation of fundamental liberties.

He ordered the government to pay RM10,000 per day in general damages from the day of Koh’s disappearance until his whereabouts are revealed, an amount now totalling over RM31.8 million.

An additional RM6 million in exemplary and aggravated damages was also awarded to Koh and his wife, along with RM250,000 in legal costs.

However, the court instructed that the RM31.8 million be held in a trust fund and not disbursed to Koh’s family until his fate, whether alive or deceased, is confirmed.

“The CCTV disclosed the perpetrators acted in a concerted manner. Such execution implies pre-planning and logistical preparation,” Judge Su said during his hour-long ruling.

He added that the abduction was “not random violence” and showed the signs of an “organised unit.”

Links to another disappearance

Judge Su also stated striking similarities between Koh’s case and the disappearance of activist Amri Che Mat, which occurred three months earlier in Perlis and reportedly involved a vehicle registered to a Special Branch officer.

In both instances, the Human Rights Commission of Malaysia (Suhakam) had concluded in 2019 that the men were victims of enforced disappearances carried out by agents of the state.

Government accountability and next steps

The court ruled that the Federal Government had breached its duty by failing to properly investigate Koh’s disappearance and instead engaging in “suppression of evidence and investigative misdirection.”

“The concealment of information and misdirection of inquiries suggest the involvement of individuals with direct knowledge seeking to protect those involved,” Judge Su said.

He further ordered the Inspector-General of Police (IGP) to remove officers previously involved in Amri’s case from any investigative team handling Koh’s disappearance to prevent conflicts of interest.

The police must now reopen investigations and submit progress reports to the Attorney General’s Chambers (AGC) every two months.

The Attorney General has also been directed to consider the court’s findings when appointing new investigators.

“A historic and emotional milestone”

In a press conference following the verdict, Susanna expressed deep relief and gratitude, saying the judgment brought long-awaited recognition of her family’s suffering.

“Today marks a historic and emotional milestone for the Koh family. The High Court has delivered a judgment on what we have long believed, that Pastor Raymond Koh was a victim of a grave injustice,” she said.

She also voiced disappointment that the Special Task Force report, which had been presented to the Cabinet, had never been acted upon by the government.

The ruling stands as one of the largest compensation awards ever ordered in Malaysia for a case involving enforced disappearance.

Coming after the recent judgment in Amri Che Mat’s case, where the court ordered over RM3 million in damages, this decision reinforces growing calls for transparency, reform, and accountability within state institutions.

While Koh’s fate remains unknown after more than 3,000 days, the judgment represents a powerful statement: that the state must answer for those who vanish under its watch.