Contradictions in police testimonies and modus operandi suggest Koh and Amri victims of enforced disappearance.
- Four people arrested following shootout in Kedah had nothing to do with the abductions, incident used as a “red herring”
- Photos of Koh, his house, vehicle could have been planted, not discovered during a raid of a suspect’s home
- Charging of extortionist Lam Chang Nam for Koh’s abduction just as Suhakam inquiry getting underway, resulting in it being temporarily suspended, another “red herring” to divert scrutiny away from police
- Modus operandi of the abductions similar to how the police would operate
- Koh’s and Amri’s cases shared similarities – long periods of surveillance, reference to Bukit Aman, objective for purported abduction (Koh supposedly involved in proselytising, Amri in carrying out deviationist activities)
- Police alleged could not locate restaurant owner Saiful Afdzan who claimed witnessed Amri’s abduction
Lawyers representing the family of missing Pastor Raymond Koh yesterday said there is “more than enough” evidence to raise reasonable suspicion about police involvement in his disappearance.
Jerald Gomez, in his oral submissions yesterday at the Human Rights Commission of Malaysia (Suhakam) inquiry, highlighted several points which, he said, raised such suspicion.
Gomez noted contradictions in the gathering of evidence, in reference to testimonies given by former inspector-general of police Khalid Abu Bakar and Superintendent Hazril Kamis, an officer with the Special Task Force on Organised Crime (Stafoc).
In June 2017, Khalid reportedly said police found compelling evidence that pointed to Koh’s kidnapping following a shootout with a suspected drug and arms smuggler in Kedah on June 17.
Four people were arrested following the shootout and they were taken to Kuala Lumpur where they were remanded.
Senior Assistant Commissioner Fadzil Ahmat, who led the task force to investigate Koh’s disappearance, had previously said they were arrested in connection with Koh’s abduction and were handed over by the Kedah police.
Further investigations also led police to raid a house in Kampung Selarong, Pengkalan Hulu, Perak.
Hazril, who had led the first team to search the home of the man in Pengkalan Hulu, Perak, had told the inquiry that he had found the photographs when he searched the house.
“It is important to note that IGP Khalid testified and made it clear that the first team did not discover the photographs (of Koh, his house, and vehicle showing the number plate).
“It was the second team from Bukit Aman which investigated the dead suspect’s record and background and went back to the scene one or two days later that discovered the photographs,” he said, adding Khalid had confirmed this.
“Even the story that IGP Khalid narrated based on the finding of these photographs that there were four people in this group who were involved in the abduction of Pastor Koh, and the further storyline of the link to a group in Southern Thailand was flatly contradicted by Senior Assistant Commissioner Fadzil Ahmat, who led the task force, and Assistant Superintendent Supari, the investigating officer himself. They said these four people had nothing to do with the abduction.”
Due to these contradictions, Gomez raised the suspicion that the photographs could have been planted there, not discovered.
“That is why we have the various contradictions and the non-production of those photographs, although repeated requests were made by the chairman and the counsel,” he said.
Gomez questioned if the shootout in Kedah which then-IGP Khalid linked to Koh’s abduction had been used as a “red herring” to divert scrutiny away from the police.
The lawyer also pointed to a second alleged diversion – the charging of Lam Chang Nam for Koh’s abduction just as the Suhakam inquiry was getting underway, which then resulted in it being temporarily suspended.
Lam had previously been charged with extorting money from Koh’s family.
“Lam was another red herring, as former IGP Khalid…had already exonerated him from any involvement in the abduction.
All these things point to the inevitable conclusion that they (the police) did not want all this evidence to come out in this Suhakam inquiry.
“We submit that the only reason they did not want the truth to come out was because they were involved themselves,” Gomez told the inquiry.
In response, Bukit Aman Criminal Investigation Department Legal and Prosecution principal assistant director Mohd Azman Ahmad Sapri maintained that evidence had indeed been found linking the Kedah shootout to Koh’s abduction.
Azman did not address Lam’s abduction charge, however.
Gomez further pointed out that the abduction of Koh was done below a minute by 15 masked men using seven vehicles.
“Based on the video, there were at least three black SUVs, a golden Toyota Vios and outriders in motorcycles involved in this special operation, including about 15 people, most of whom were in black outfits and balaclava with about three individuals in plain clothes.
“Clearly, this was not done by normal kidnappers but highly trained individuals,” Gomez said.
Koh was reportedly abducted on Feb 13, 2017, in Petaling Jaya by a group of men in a convoy of cars while on his way to meet a friend, while Perlis Hope founder and activist Amri Che Mat went missing on Nov 24, 2016, after leaving his home, also to meet a friend.
David Morais, the lawyer representing Amri’s family, agreed with Gomez, saying the manner in which Amri was abducted in Perlis was similar.
He said the way Amri’s car was surrounded looked like a manoeuvre that the police might use.
Koh was allegedly being investigated for attempting to convert Muslims to Christianity while the authorities suspected Amri of spreading Shia teachings through his civil society group Perlis Hope.
Earlier in the proceedings, Koh’s family lawyer Gurdial Singh Nijhar asserted that the statement by Amri’s wife should be used in Koh’s case, pointing to several similarities between both cases.
The similarities include long periods of surveillance, a reference to Bukit Aman being involved in both cases, as well as the objective for the purported abduction – with Koh supposedly involved in proselytising and Amri carrying out deviationist activities.
“There should not be prejudice because we are not accusing anyone. We are trying to establish the truth behind the alleged kidnapping, whether there is complicity by higher-ups in the country.
Lawyer to Amri Che Mat’s family David Morais (L) and lawyer to Raymond Koh’s family Dr Gurdial Nijar (R).
“For all these reasons, it would be prudent for us to admit that evidence without having to call the person and have her repeat this all over again,” he said.
Morais also questioned why the police couldn’t locate Saiful Afdzan, the owner of the Mak Lang restaurant in Perlis, as he was a critical witness.
Police have said that despite repeated attempts, they cannot locate Saiful, who claimed to have seen Amri being abducted.
Morais also upheld the testimony of Amri’s wife that she had been informed by Perlis Special Branch officer Mohd Shamzaini Mohd Daud that police were involved in both her husband and Koh’s disappearances.
In response, Bukit Aman Legal Department chief Mokhtar Mohd Nor stressed that Shamzaini has since lodged a police report against Amri’s wife, denying he ever relayed such information to her.
Meanwhile, the families of Koh and Amri are more convinced than ever that both men were victims of enforced disappearance.
Their wives, Susanna Liew and Norhayati Ariffin, said they believe the police were involved after hearing the lawyers’ closing submissions.
In moving forward, Liew expressed hope for a new investigation team, which would be “impartial, have powers to prosecute, arrest, and even carry out raids to get documents classified under the Official Secrets Act (OSA).”
She said she hoped the Pakatan Harapan government would resolve the disappearances.
“We would like to see a new task force set up which does not involve the police or religious authorities.
Liew added that she had yet to get a reply following a memorandum she and Norhayati had submitted to Prime Minister Dr Mahathir Mohamad.
Norhayati added she and Liew also want to meet Inspector-General of Police Mohamad Fuzi Harun.
“Since 2016 we have not received any updates from the police. We hope to receive some explanation or clarification,” she said.
At the close of yesterday’s proceedings, Suhakam commissioner Mah Weng Kwai fixed April 3 for decision.
Suhakam commissioners Mah Weng Kwai, Dr Nik Salida Suhaila and Dr Aishah Bidin (L-R).
The inquiry will continue probing the disappearance of two others, Pastor Joshua Hilmy and his wife, Ruth, to ascertain if they are also cases of enforced disappearance.