PASTOR RAYMOND KOH
(e) to admit or exclude the public from such inquiry or any part
thereof.”
Conduct of the Inquiry.15
53.
Prior to the hearings at the Public Inquiry, officers of SUHAKAM recorded
statements of individuals who came forward to assist SUHAKAM with
informa�on rela�ng to the disappearance of Pastor Raymond Koh. The officers
also carried out inves�ga�ons seeking to interview possible witnesses.
54.
At the hearings of the Public Inquiry, witnesses who had their statements
recorded by the officers of SUHAKAM prior to the Public Inquiry, were shown
their statements. The witnesses were requested to read the statements and to
confirm the contents stated therein. The statements were then marked as
exhibits. Each witness was then examined by Counsel represen�ng the par�es,
including Officers Appearing for the Police. Witnesses who did not give their
statements prior to the Public Inquiry were similarly examined by Counsel
represen�ng the par�es, including Officers Appearing for the Police. In the course
of the hearings, various video recordings, photographs and documents were
tendered as evidence and marked as exhibits. All witnesses gave their evidence
on affirma�on.
55.
At the conclusion of the Public Inquiry, the Panel directed Counsel represen�ng
the family, Assis�ng Officers of SUHAKAM, Counsel of the Bar Council and
Officers appearing for the Police to submit their wri�en submissions pertaining
to all issues arising from the Panel’s Terms of Reference for the considera�on of
the Panel.
Elements to be Proven at a Public Inquiry
56.
15
The defini�on of enforced disappearances in the ICPPED contains various degrees
of the State’s culpability regarding the ini�al disappearance. The degrees of
State’s culpability are listed below in descending order:
56.1.
that the vic�m was arrested or detained by agents of the State;
56.2.
that the vic�m was abducted by agents of the State;
56.3.
that the vic�m was abducted by persons or groups of persons ac�ng
with the authorisa�on of the State;
See Sec�ons 8(a), 8(b) and 8(c) of the Commissions of Enquiry Act 1950.
18