21. In light of Section 12(3) of the Act and in deference to the ac�on taken by the Police, the Panel decided to temporarily cease the Public Inquiry pending the hearing of submissions by Counsel ac�ng on behalf of all par�es and the Officers Appearing for the Police on the law and facts pertaining to the disappearance of Pastor Raymond Koh. 22. On 16 May 2018, the Panel held that it will proceed with the hearing of the Public Inquiry into the disappearance of Pastor Raymond Koh and came to the following conclusion namely: (G) Conclusion In the wri�en and oral submissions of Counsel for the Family and Counsel for the Bar Council, Counsel had clearly taken the posi�on that the subject ma�er before the Court is not the same subject ma�er as in the PI. The SUHAKAM Assis�ng O��cers ini�ally took the posi�on that the subject ma�er is the same, but later changed their view in their second submission, by sta�ng that the subject ma�er was not the same and that the Panel should con�nue with the PI albeit within certain areas of ques�oning. A�er giving much considera�on to the wri�en and oral submissions of Counsel and SUHAKAM Assis�ng Officers and for all the reasons stated above, the Panel concludes that the subject ma�er before the Court is not the same subject ma�er that is before the PI. The Panel has to deal with the subject ma�er of “enforced disappearance’ to ensure that not only Pastor Raymond Koh has access to jus�ce and truth but his Family members as well. The Family has been con�nuously disappointed by the police authori�es in the inves�ga�on of the alleged disappearance of Pastor Raymond Koh. Where else or how else would Pastor Raymond Koh and his Family gain their right to a remedy for a grievance allegedly caused by the State? When the Act was established, it was Parliament’s inten�on to protect and promote human rights in Malaysia. The Act gives SUHAKAM the power and func�ons to inves�gate into infringements of human rights. Hence, the 9 PASTOR RAYMOND KOH (3) If the Commission inquires into an allega�on under subsec�on 12(1) and during the pendency of such inquiry the allega�on becomes the subject ma�er of any proceedings in any court, the Commission shall immediately cease to do the inquiry.”

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