Court finds police acted ‘unconstitutionally’ in Amri Che Mat case, awards RM3m for investigation failures

KUALA LUMPUR, Nov 5 ― The High Court has ordered the Malaysian government and police to pay more than RM3 million in damages to the family of missing activist Amri Che Mat for failing to properly investigate his disappearance.

High Court Judge Su Tiang Joo ruled that the federal government and the Royal Malaysia Police were liable for breaching their statutory duties, saying the officers involved in the investigation had acted “unconstitutionally”.

Su ordered the two parties to pay RM2 million in general damages, RM1 million in exemplary damages, as well as special damages of RM14,457.52.

It also awarded Amri’s wife, Norhayati Mohd Ariffin, costs of RM250,000.

The ruling came after Amri’s wife, Norhayati, filed a lawsuit in 2019 seeking information on her husband’s fate and compensation, relying on findings from a special task force report.

In April 2019, the Human Rights Commission of Malaysia (Suhakam) concluded that Amri’s disappearance was an enforced one, carried out by government agents from the police’s Special Branch.

Amri was abducted around midnight on November 24, 2016, while driving, after his vehicle was surrounded by three cars and five men. He has remained missing since.

Su also made several further orders, compelling the Inspector-General of Police to remove several named defendants (who are police officers) involved in probing Amri’s case from any investigative team.

He also directed the Attorney General’s Chambers (AGC) to ‘look into today’s decision’ and ‘carefully’ select new members for the investigation team, adding that any legal officers involved in the case proceedings should not be part of the investigation.

“The PDRM is to recommence investigations as per the special task force’s findings and for them to report their findings to the AGC every two months from today on the investigation updates leading to the disclosure of the whereabouts of Amri,” Su said.

In awarding the damages to Amri’s family, the court found that Norhayati had locus standi or legal standing to file the suit.

Su noted that in 2023, Norhayati was compelled to seek a marriage annulment (fasakh) from Amri in order to qualify for state welfare assistance to support their four children.

“The fasakh does not change the fact she had locus standi, but for the sake of her children, she was put in a tremendously difficult situation with no info as to his (Amri) whereabouts.

“She asserted undisputedly she remains his wife and she remained hopeful Amri can be found one day and remarry him,” he said, adding that the mental anguish Norhayati suffered from Amri’s disappearance qualified her for damages.

Su said the named defendants engaged in unconstitutional actions by continuously denying the findings of both the special task force report and the Suhakam inquiry, describing such suppression as “irrational.”

The judge also noted the investigating officer of the case failed to probe key aspects of Amri’s disappearance, an unsatisfactory display of investigative competency and a lack of effort on the police part to update Norhayati on what happened to Amri.

Su also criticised the Attorney General’s Chambers — representing the government and the Royal Malaysia Police — for the way it conducted its defence during earlier proceedings.

Describing it as a persistent “bare denial”, Su said the authorities appeared to be “suppressing” evidence from Norhayati, particularly after she filed a suit to obtain and declassify a special task force report which the government had initially sought to withhold from her.

“According to the task force report, the AGC had decided to reclassify Amri’s case under Section 365 of the Penal Code as kidnapping.

“But the senior federal counsel still maintained that Amri’s case was one of a missing person,” he said.

Su said it was a “clear case” of the AGC “going against its own” in its reclassification of Amri’s investigation and for claiming in court differently.

“I am sure the public will be interested to know how the current Attorney General will react to this,” he said.

In a press conference later, Norhayati expressed her gratitude for the court’s decision, but remained mournful over Amri’s continued disappearance.

“Alhamdulillah for granting this victory to us after nine years of struggles with my lawyer and everyone who has stood by me.

“The feeling of grief remains because questions about Amri’s whereabouts, whether he is alive, dead or in good health, are all still unanswered.

“We sincerely hope that those responsible will be held accountable for what they have done,” she said.