Why did courts award different sums for Amri Che Mat and Pastor Koh?

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Different Legal Claims Led to Disparate Compensation Awards in Amri Che Mat and Pastor Koh Cases

The High Court ordered significantly different compensation amounts in the cases of Amri Che Mat and Pastor Raymond Koh due to the distinct legal claims presented by their respective families. While both women received RM3 million for mental anguish, Pastor Koh's case included substantial additional damages awarded to him directly for his deprivation of liberty, a claim not pursued by Amri Che Mat. The court's decisions were guided by the specific legal arguments and evidence presented by the lawyers in each lawsuit.
Distinct Legal Actions and Damages Sought

The primary reason for the differing compensation sums lies in the nature of the lawsuits filed. Amri Che Mat's wife, Norhayati Mohd Ariffin, sued the police for negligence and bad faith in their investigation into her husband's disappearance. She did not, however, sue for the abduction itself. In contrast, Pastor Raymond Koh, through his wife Susanna Liew as litigation representative, sued the government and police not only for his wife's distress but also for his own deprivation of liberty and breaches to his life. This direct claim for damages sustained by Pastor Koh himself resulted in a significantly higher award.
Specific Compensation Breakdown

In Amri Che Mat's case, the High Court ordered the government to pay RM3 million for Norhayati's mental anguish and the government's oppressive actions, along with RM14,457.52 for school fees and advertisement costs. For Pastor Raymond Koh, the High Court ordered RM3 million to Susanna Liew for her mental anguish. Additionally, Pastor Koh was awarded over RM33 million, comprising RM1 million for suppressing evidence and delay, RM1 million for oppressive actions, and a daily sum of RM10,000 for each day his location remains unknown since his abduction on February 13, 2017.
Influence of Legal Presentation on Court Decisions

The High Court judge indicated that the compensation amounts awarded were influenced by how the legal teams for each family presented their cases. Lawyers explained that this was a strategic decision based on the available evidence and legal precedents. In Amri's case, the absence of visual evidence like video footage, which was present in Koh's case, may have informed the decision not to sue directly for the abduction. Conversely, the legal strategy in Koh's case, which included him as a plaintiff claiming personal relief, directly led to the larger quantum of damages.
Application of Legal Precedents for Daily Compensation

The substantial daily compensation awarded to Pastor Koh, set at RM10,000 per day, was not an arbitrary figure. Lawyers clarified that this daily rate was based on established legal precedents from previous court decisions. These precedents, including a 2015 Court of Appeal decision awarding RM10,000 per day and a 2014 High Court decision awarding RM15,000 per day for loss of liberty, guided the judge's determination of this specific component of the compensation. This mechanism ensures ongoing financial pressure on the government until Pastor Koh's whereabouts are disclosed.

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Why did courts award different sums for Amri Che Mat and Pastor Koh?

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