THE families of missing pastor Raymond Koh and activist Amri Che Mat will have to wait longer for the compensation awarded to them after the Court of Appeal today upheld a decision allowing the government to delay payments totalling more than RM34 million.
A three-member bench unanimously dismissed appeals by Koh’s wife, Susanna Liew, and Amri’s wife, Norhayati Mohd Ariffin, against the Kuala Lumpur High Court’s decision to grant a stay on the execution of the compensation orders.
The panel, led by Datuk Dr Alwi Abdul Wahab alongside Justices Datuk Dr Shahnaz Sulaiman and Datuk Amarjeet Singh Serjit Singh, ruled there were no grounds to interfere with the High Court’s discretion in allowing the postponement pending the government’s appeals.
Delivering the decision, Alwi said the stay did not take away the families’ right to justice but merely delayed enforcement of the judgments until the appeals process was concluded.
He said the High Court had acted rationally in maintaining the status quo while awaiting the outcome of the legal challenge.
“The stay order was not intended to permanently deny the plaintiffs their rights, nor did it amount to an admission of liability,” he said.
The court also considered the practical implications of enforcing the compensation order involving Koh, which required the government to pay RM10,000 daily from the date of his disappearance until his whereabouts were revealed.
Alwi said rejecting the stay would require immediate disbursement of public funds, adding that even with mechanisms such as Amanah Raya Berhad, continuous payments from public funds would not be practical.
“Although there is an available trust mechanism, we agree with the respondent that immediate and recurring payments from public funds are structurally impractical,” he said.
The panel also ruled that the stay should remain in place while waiting for the main appeal, including issues relating to the continuation of investigations into Koh’s disappearance, to ensure the appeal would not be rendered meaningless.
For Amri’s case, the court adopted similar reasoning, stating that the postponement of payment did not prevent Norhayati from pursuing justice but only delayed enforcement of the judgment pending the appeal.
“Based on the reasons stated, we dismiss the appeal and maintain the High Court’s decision. There shall be no order as to costs,” Alwi said.
In November last year, the Kuala Lumpur High Court ruled that the government and police were responsible for Koh’s disappearance, which was reported on February 13, 2017.
The court ordered the government to pay compensation of RM10,000 a day from the date Koh went missing until his whereabouts were disclosed.
Koh, who was 62 at the time, disappeared after leaving his home in Petaling Jaya in February 2017. His disappearance was among several cases examined by the Human Rights Commission of Malaysia (Suhakam), which concluded that he was a victim of enforced disappearance.
In a separate case involving Amri, the High Court ordered the government, as the 21st defendant, together with 20 other defendants, to pay RM3.014 million to Norhayati.
The amount comprised RM14,457.52 in special damages, RM2 million in general damages and RM1 million in exemplary damages.
The two cases were heard separately.
The government was represented by Federal Counsel Zureen Elina Mohd Dom and Zetty Zurina Kamaruddin.
Susanna was represented by Datuk Jerald Gomez and Steven Thiru, while Norhayati was represented by A. Surendra Ananth. – July 29, 2026
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