A High Court judge has suggested that the federal government consider recovering costs from officials found at fault in civil suits, warning that ever-increasing court awards ultimately burden taxpayers.
The remarks came as the court ordered the government to pay nearly RM37 million to the family of Pastor Raymond Koh for his enforced disappearance, and over RM3 million to the family of activist Amri Che Mat for negligence in a police investigation.
In a 126-page judgment released yesterday, High Court Judge Su Tiang Joo noted that while hefty damages reflect judicial abhorrence of misconduct, they place a heavier burden on the public, especially when responsible officials are entrusted with maintaining peace and security.
“By seeking contribution and indemnity from the wrongdoers, the good officials will not be unfairly tarred, and institutional failure can be addressed,” he said.
Su highlighted the irony of awarding large sums of public funds to compensate for the misconduct of government servants, citing former British Prime Minister Margaret Thatcher’s remark that public money is taxpayers’ money.
Su awarded RM2 million in general and aggravated damages to Amri’s wife, Norhayati Mohd Ariffin, for the mental anguish and torment she suffered during the uncertainty of her husband’s disappearance. He criticized the defendants’ disregard for her efforts, including her own extensive collection of evidence and advocacy for a Human Rights Commission of Malaysia (Suhakam) inquiry.
Norhayati’s ordeal was compounded by the classification of her husband’s case as a missing person matter rather than kidnapping, the long suspension of investigations, and hostile cross-examination during trial.
The judge also awarded RM1 million in exemplary damages to show that the court could not condone the unconstitutional actions and dereliction of duty by police officers and other government officials. Norhayati received RM14,254 in special damages to cover school fees for her three daughters from the time of Amri’s disappearance until the trial’s conclusion.
Amri Che Mat went missing on November 24, 2016, after his vehicle was surrounded by three cars and five men. He has not been found. The High Court’s ruling follows Norhayati’s 2019 lawsuit seeking information on her husband’s fate and compensation based on a special task force report confirming his enforced disappearance by government agents.
