The family’s lawyer, Gurdial Singh Nijar, told the court that both parties wish to “explore the possibility of resolving this matter, which would involve making a representation to the Attorney-General’s Chambers (AGC)”.
The hearing of the case was initially fixed to begin today.
Gurdial said the family is trying to obtain a report by the task force set up to investigate the disappearance of Koh and activist Amri Che Mat, which has not been made available to the public to date.
“We are unable to proceed with the hearing this week,” he said, adding that they will be prepared to proceed at the next hearing dates fixed for June, if necessary.
Gurdial also told the court that a witness statement, filed for the trial, runs up to 120 pages and that the family’s lawyers only served it on the government last week.
Senior federal counsel Raja Zaizul Faridah Raja Zaharudin told the court the defendants, namely the government and the police, need time to go through the lengthy witness statement.
Justice Ahmad Bache took note of the matter, and said it would be fair to give the defendants time to prepare.
“At the same time, I hope both parties can use the time to resolve (the suit),” he said.
Ahmad adjourned the hearing to June 6.
Koh’s family filed the suit against the police and the government in February 2020, seeking damages over his disappearance.
They also sought orders that the authorities be held liable for Koh’s unlawful abduction and for misfeasance in public office.
The family named two former inspectors-general of police – Fuzi Harun and Khalid Abu Bakar – investigating officers Supari Muhammad and Khor Yi Shuen, and former senior Bukit Aman officers Awaludin Jadid and Huzir Mohamed as defendants.
Also named are former Selangor criminal investigation department (CID) chief Fadzil Ahmat, CID officers Hazril Kamis and Shamzaini Daud, and an individual, Saiful Bahari Abdul Aziz.
Suhakam held a public inquiry into the disappearance of Koh and Amri between 2017 and 2019.
Last year, it concluded that Koh and Amri were victims of enforced disappearance carried out by the state, specifically by the police’s Special Branch.