Justice Su Tiang Joo said Koh’s wife, Susanna Liew, had presented sufficient circumstantial evidence to show that the state and its officers were involved in the abduction.
“The unknown operatives acted in a sophisticated manner, suggesting (that Koh’s abduction was committed by) an institutional organisation,” Su said in delivering his decision.
He pointed out that the government did not offer an explanation on the sequence of events in its defence.
Su also said that despite the availability of CCTV recordings of Koh’s abduction and witnesses, the police did not pursue the case wholeheartedly “for reasons that they were involved”.
“The operation happened in less than one minute, and it needed pre-planning and logistical preparation.
“It is not random violence. This fact drives the court to hold that it is an organised unit (that abducted Koh),” he said.
The court noted that a man named Lam Chang Nam was charged over Koh’s “kidnapping” in 2017, but the charge was later withdrawn.
“The investigating officer (Supari Muhammad) conceded that there was no evidence to show that Lam was involved,” Su said.
He said the government was aware of one Saiful Bahari Abdul Aziz, who was purportedly present during Koh’s abduction, but opted not to disclose it.
‘Liew deprived of right to know Koh’s whereabouts’
The court also held that the government breached its statutory duty in not properly investigating Koh’s disappearance.
“The plaintiff (Liew) had proven that one or more of the defendants exercised their public power in bad faith with an intention to harm her and her husband.
“Much of the harm suffered by the plaintiff was from the fact that she was deprived of her right to know (Koh’s whereabouts) as well as the state ‘frustrating’ the previous inquiry,” Su said.
He ordered the police to hold a fresh investigation into Koh’s abduction, and for the inspector-general of police to remove Supari and other officers from the case.
“The police need to recommence investigations and report their findings to the Attorney-General’s Chambers every two months,” he said.
Koh was abducted on Feb 13, 2017 while he was driving along Jalan SS4B/10 in Petaling Jaya. During the trial, the court heard that five masked men in black military outfits had pulled Koh out of his car.
Liew filed a suit against the police and the government over the state’s involvement in his disappearance and the manner in which the authorities investigated the case.
Earlier, Su ordered the government and the police to pay a sum of more than RM37 million to Koh’s family over the state’s involvement in his abduction.
The judge held that one or more of the defendants, who are both current and former police officers, were involved in Koh’s abduction and had acted under orders eight years ago.