Imagine being forced to foot the bill for someone else's wrongdoing, especially when that 'someone' is supposed to protect you. That's the unsettling reality facing Malaysian taxpayers, and a recent High Court ruling is challenging this very notion. But here's where it gets controversial: Should the government be allowed to recover funds from those responsible for police misconduct, instead of perpetually burdening the public purse?
In a landmark decision, High Court judge Su Tiang Joo suggested that the federal government should explore avenues to reclaim damages from individuals or entities found culpable in civil suits against the state. This bold proposition comes in the wake of the government being ordered to pay substantial amounts – nearly RM37 million to the family of Pastor Raymond Koh, who was forcibly disappeared, and over RM3 million to the family of activist Amri Che Mat, due to negligence in the police investigation of his case. These cases highlight a critical issue: who ultimately bears the financial burden of government failures?
Judge Su Tiang Joo, in his detailed 126-page judgment released on the judiciary’s website, expressed concern that increasingly high damage awards, while reflecting judicial condemnation of misconduct, place an ever-growing strain on public resources. And this is the part most people miss: these are funds that could be used for essential services like healthcare, education, and infrastructure. He emphasized that those entrusted with maintaining peace, security, and upholding the law should be held accountable for their actions.
Su argued that seeking "contribution and indemnity" – essentially, demanding repayment from the guilty parties – would serve to identify and remove the "bad apples" within the system. This would prevent the entire institution from being tarnished and help restore public trust. As he pointed out during the November 5th ruling, it is ironic that the larger the court awards, the more public money is used to pay for the misdeeds of government servants. He powerfully stated that such a situation "offends the concept of fairness, reasonableness and justice."
Drawing parallels to Margaret Thatcher's famous quote, Judge Su reminded everyone that "there is no such thing as public money – there is only taxpayers’ money." This reinforces the point that these payouts directly impact the financial well-being of ordinary citizens.
Let's delve into the specifics of the Amri Che Mat case. In awarding general and aggravated damages to Amri’s wife, Norhayati Mohd Ariffin, Judge Su recognized the immense mental anguish and uncertainty she has endured since her husband's disappearance. The judge didn't mince words, condemning the defendants' callous disregard for Norhayati's suffering. He specifically highlighted her tireless efforts to gather evidence, engage with authorities, and even push for a Human Rights Commission of Malaysia (Suhakam) inquiry. Despite her dedication, the inquiry was not initially taken seriously, and a subsequent special task force's recommendations were classified as Official Secret, offering her no real assistance. This is a stark example of the bureaucratic hurdles and insensitivity faced by families seeking answers.
Su emphasized that all those in authority, including the defendants, showed little regard for her efforts. The judge stated that denying that such circumstances would cause distress is "heartless and irrational". This emotional statement underscores the human cost of institutional failures.
Furthermore, the judge pointed out that maintaining the case as a "missing person" rather than a kidnapping investigation, halting investigations in 2019, and subjecting Norhayati to hostile cross-examination during the trial only intensified her suffering. Because of these factors, the court awarded RM2 million in general and aggravated damages to Norhayati.
Regarding exemplary damages, the defendants argued that their conduct wasn't outrageous enough to warrant punishment. Judge Su strongly disagreed, stating that the court found unconstitutional actions by police officers and the Royal Malaysia Police (PDRM) – entities under the federal government. To continue denying the findings of Suhakam and the special task force, refusing to act on them, and suppressing the task force's findings (commissioned at public expense) was deemed "oppressive, irrational and arbitrary." To send a clear message that the court would not condone such dereliction of duty and the defense's approach, the judge awarded RM1 million in exemplary damages. In addition to these awards, Norhayati received RM14,254 in special damages to cover her three daughters' school fees for the period from Amri's disappearance to the trial's conclusion.
The High Court's decision followed Norhayati's 2019 lawsuit seeking information about her husband's fate and compensation, based on the special task force report. In April 2019, Suhakam concluded that Amri's disappearance was an enforced one, carried out by government agents from the police's Special Branch. Amri was abducted on November 24, 2016, after being surrounded by three cars and five men. He has been missing ever since.
This case raises profound questions about accountability and justice. Should taxpayers continue to bear the financial burden of misconduct by those in power? Is it time to shift the responsibility to the wrongdoers themselves? And how can we ensure that investigations into serious cases like these are conducted thoroughly and transparently, with respect for the victims and their families? What are your thoughts on Judge Su's suggestion? Do you believe the government should actively pursue recovery from those responsible for wrongdoing? Let us know in the comments below – we're eager to hear your perspective!
