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.”