Wednesday, December 03, 2025

Amri Che Mat case: High Court judge finds years of police inaction, casting doubt on Home Ministry’s claim probe never stopped






Amri Che Mat case: High Court judge finds years of police inaction, casting doubt on Home Ministry’s claim probe never stopped



Justice Su Tiang Joo, in his 126-page full grounds of judgment released on the judiciary’s website yesterday, said that no answers were ever provided on whether any investigations into Amri Che Mat’s abduction had been conducted from June 2019 until July 9, 2025. — Picture by Raymond Manuel

Wednesday, 03 Dec 2025 9:02 AM MYT


KUALA LUMPUR, Dec 3 — A High Court judge has questioned the prolonged police inaction on its part in the investigation into missing activist Amri Che Mat from June 2019 until July 2025, despite the Home Ministry’s latest assertion that the probe has never stopped.

Justice Su Tiang Joo, in his 126-page full grounds of judgment released on the judiciary’s website yesterday, said that no answers were ever provided on whether any investigations into Amri’s abduction had been conducted from June 2019 until July 9, 2025.

The full grounds of judgment follows Su’s November 5 ruling, in which he ordered the federal government to pay over RM3 million in damages to Amri’s family for negligence in a police investigation.

Su noted that the first defendant — a police inspector assigned to investigate Amri’s disappearance in Perlis — had testified in court that he assumed he was no longer the investigating officer (IO) following his transfer out of the state and the establishment of a special task force (STF).

In May 2019, the Malaysian Cabinet sanctioned a STF to investigate the Human Rights Commission of Malaysia (Suhakam) inquiry findings, which concluded that Amri was a victim of enforced disappearances carried out by the police’s Special Branch.

“When clarifications were sought by this court, he (first defendant) said that he did not receive any instructions to cease to be the IO.

“What is more telling is that the first defendant admitted that if there is to be a change of IO there would be a proper hand-over process involving paperwork and signatures, and in this case nothing of this sort was done.

“In short, as from June 2019 until the end of trial of July 9, 2025, no further investigations were done,” Su said.

He said it was worth noting that the first defendant — against whom the STF had recommended disciplinary action for incompetence — was instead promoted in April 2021 from Inspector to Assistant Superintendent.

Previously, Su had noted that authorities failed to probe key aspects of Amri’s disappearance, breaching statutory duties, demonstrating unsatisfactory investigative competency and showing a lack of effort by the police to provide updates on what had happened to Amri.

What were the specific breaches identified by the court?

Su said the court was taken aback after the named defendants refused to disclose the guidelines governing how the police investigate a missing person report.

The guideline, “Administration Direction No 12/2012 Standard Operating Procedure for Investigating Missing Person” was later ordered to be disclosed by way of a court order.

Upon disclosure, Su said the defendants had argued that nowhere did it state that an IO was required to comply with it — an argument the court found hollow and contradictory, noting that the purpose of the SOP was precisely to outline the important actions that must be followed.

Based on the first defendant’s testimony, he was found to have failed to comply with nearly two-thirds of the guidelines.

“Having gone through the evidence presented, it paints a sorry picture for the defendants as it presents compelling proof that they have failed and neglected to comply with their own standards.

Su also noted severe delays in taking, and in some cases failing to take, statements from relevant witnesses, with one written statement obtained more than a year after Amri’s disappearance.

Moreover, Su noted that DNA evidence from Amri’s vehicle was handled incompetently, with samples only sent for analysis five months after his disappearance, despite the usual practice requiring between two to four hours.

“I find his (first defendant) excuse that it was due to “kekangan masa” (time constraints) due to other work to be unacceptable.

The judge also highlighted the authorities’ failure to investigate key aspects of the case, notably a gold Toyota Vios reportedly seen conducting surveillance around Amri’s house prior to his disappearance and the vehicle’s owner.

Describing the situation as disturbing, Su said the first defendant had refused to produce the alleged recorded statements from the vehicle’s owner, and that the police made no effort to have two separate investigation teams coordinate, despite the same vehicle being linked to the enforced disappearance of Pastor Raymond Koh.

The court also found that the authorities failed to pursue Amri’s Shia Islam angle with the seriousness it ought to have to see if his disappearance was involuntary and linked to his religious beliefs.

“Even if Shia were to pose a threat to national security, surely the adherents should be entitled to due process and be told what provision of the law makes it an offence to be an adherent of Shia, and to defend themselves in a court of law.

“When the plaintiff (Amri’s wife) asserted that she feared the worst, with her suffering from mental anguish and distress, it must logically mean that she feared Amri had been abducted and murder(ed), yet no investigation along this line was taken,” Su said.

In addition, the court found that the defendants had shown a lack of care and effort both in attempting to locate Amri through his mobile phone by determining the last time it was switched off and in keeping his family updated as the IO’s mistaken assumption that he had been relieved resulted in no investigations being conducted for nearly two months in 2017.

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