Can the government delay paying RM37 million damages?

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Government's Payment of RM37 Million Damages to Pastor Raymond Koh's Family is Delayed Pending Appeals

The government's obligation to pay RM37 million in damages to the family of missing pastor Raymond Koh has been postponed by the Court of Appeal. This decision upholds a previous High Court order to stay the execution of the damages award, pending the government's final appeals. The Court of Appeal found that the High Court judge had exercised discretion appropriately in granting the stay, thereby preserving the status quo until all appellate issues are resolved.
Court of Appeal Upholds High Court's Stay Order

A three-member bench of the Court of Appeal, comprising Justices Datuk Dr Alwi Abdul Wahab, Datuk Dr Shahnaz Sulaiman, and Datuk Amarjeet Singh, unanimously dismissed appeals lodged by Susanna Liew Sow Yoke, the wife of Pastor Raymond Koh. These appeals challenged the Kuala Lumpur High Court's initial decision to grant a stay on the execution of the RM37 million damages award. Justice Alwi, in delivering the judgment, affirmed that the High Court judge had correctly applied established legal principles for granting a stay, indicating that appellate intervention is only warranted if the original decision was demonstrably flawed.
Discretion Exercised to Preserve Status Quo

The Court of Appeal concluded that the High Court's decision represented a rational exercise of judicial discretion aimed at preserving the current situation. This preservation is deemed necessary to prevent the substantive appeal from becoming moot before its final determination. The court rejected arguments that the appointment of Amanah Raya Berhad as a trustee precluded the government from seeking a stay, clarifying that a stay merely suspends enforcement without altering the consent order itself.
Impracticality of Immediate Execution Noted

A significant factor contributing to the decision was the nature of the High Court's original judgment for Pastor Koh's case. This judgment mandated a continuous daily payment of RM10,000, making immediate execution impractical due to the recurring disbursement of public funds. The government had subsequently secured a stay of execution from the High Court on January 8, pending the resolution of its appeal against the damages award.
Stay Does Not Nullify Consent Order

The court clarified that a stay of execution does not invalidate or disturb a consent order. Instead, it serves to temporarily suspend the enforcement of that order. This suspension is crucial to ensure that the appellate process can proceed without its outcomes being rendered irrelevant or moot by actions taken prior to a final decision. The legal proceedings are thus maintained in a state that allows for a comprehensive review of all issues.

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Can the government delay paying RM37 million damages?

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