KUALA LUMPUR, Nov 5 ― The High Court has ordered the Malaysian government to pay more than RM37 million to the family of missing Christian pastor Raymond Koh, holding the state responsible for his abduction eight years ago.

Judge Su Tiang Joo ruled that one or more police personnel — both former and current — were involved in Koh’s abduction and had acted “oppressively and arbitrarily”, misusing their public power in the incident.

He said the government was 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 court awarded RM10,000 per day in general damages from the date of Koh’s disappearance until his whereabouts are revealed, amounting to over RM31.8 million as of today’s ruling.

The judge also ordered the amount to be held in a trust fund that cannot be disbursed to Koh’s wife and children until his fate — whether alive or deceased — is confirmed.

In addition, Su awarded RM6 million in exemplary and aggravated damages to both Koh and his wife, as well as RM250,000 in costs.

Reading out his hour-long ruling, Su said the defendants’ claim — that the coordination seen in the closed-circuit television (CCTV) footage of Koh’s abduction did not indicate state involvement — was untenable.

“The CCTV disclosed the perpetrators acted in a concerted manner. Such execution implies pre-planning and logistical preparation,” he said.

Su noted that the abduction bore similarities to the disappearance of activist Amri Che Mat, which occurred three months earlier, and involved a gold Toyota Vios registered to a Special Branch officer.

“This is not random violence. This fact drives the court to hold that it is an organised unit (that abducted Koh),” he said.

The court also found that the federal government had breached its statutory duty by failing to properly investigate Koh’s disappearance and instead engaged 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,” Su said.

Su further ordered the Inspector-General of Police to remove several named defendants — police officers involved in Amri’s case — from any investigative team handling Koh’s disappearance.

The Royal Malaysia Police (PDRM) were also directed to reopen investigations and submit progress reports to the Attorney General’s Chambers (AGC) every two months.

Additionally, the Attorney General must consider the grounds of today’s judgment when appointing new investigators to prevent potential conflicts of interest.

Koh’s wife, Susanna Liew, filed the lawsuit in 2020, just before the three-year limitation period expired, after years of unsuccessful efforts to obtain answers from the authorities.

She sought to hold the state accountable for Koh’s unlawful abduction on February 13, 2017, along Jalan SS4B/10 in Kelana Jaya, Selangor, when his car was surrounded by seven vehicles and about 15 masked individuals.

On April 3, 2019, the Human Rights Commission of Malaysia (Suhakam) concluded that Koh was the victim of an enforced disappearance carried out by the police’s Special Branch.

In a press conference after the verdict, Liew said the court’s decision had brought long-awaited closure and vindication for the family after almost nine years of anguish and uncertainty.

“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 expressed shock that the federal government had not acted upon the special task force report, even after it was presented to the Cabinet.

* The report was edited to clarify the sums awarded in the case of Pastor Raymond Koh.