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Delays by cops affected probe into missing pastor and wife, Suhakam told

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Groups of observers have criticised the police over the many delays and gaps in carrying out their investigations.

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Free Malaysia Today
The first report on Joshua Hilmy and Ruth Sitepu’s disappearance was lodged in March 2017 but police called the first witness for questioning nine months later. (Facebook pic)

PETALING JAYA:
In oral submissions to the Suhakam public inquiry on the disappearance of Pastor Joshua Hilmy and his Indonesian wife Ruth Sitepu, multiple groups of observers have criticised police inefficiencies in carrying out investigations.

During the oral submissions to the Malaysian Human Rights Commission (Suhakam),
Bar Council’s Andrew Khoo noted the “shoddy investigations”, which he said lacked urgency and curiousity.

During his oral submission today, Khoo said the police had taken more than two years to gather statements and distribute fliers about their disappearances. “People would have already forgotten by then,” Khoo said.

He said the police report on the couple’s disappearance was first lodged in March 2017 but police only called the first witness (Joshua’s brother) in for questioning in December 2017, over a year after the couple went missing.

Free Malaysia Today
Andrew Khoo.

He added their urgency in conducting investigations paled in comparison to their fast action when the case started involving “VVIPs”, namely Khairy Jamaluddin and former prime minister Najib Razak.

Their names were implicated in a few e-mails Joshua received prior to his disappearance. The e-mails were supposedly from Khairy, and was carbon copied to Najib. It also bore the government’s crest.

The recipient, who used an anonymous e-mail address, had asked that Joshua ceased carrying out baptisms. They also said they would have preferred it if Joshua were to leave the country.

Delays in investigations were also pointed out in the oral submissions by lawyers representing Ruth Sitepu’s family and also Indonesian NGO Kontras. Both groups had said the investigations were slow with gaps that could not be explained.

Sitepu’s counsel also said that evidence submitted and witness testimonies point to them being victims of enforced disappearances.

“The state and agencies have failed in discharging their burden of proof,” they added.

The family’s lawyers Philip Koh and Audrey J Pillai also said there were “similar facts of evidence” when compared to the disappearance of Pastor Raymond Koh. Both cases had elements of threats and harassment and also “sensitive religious activities”.

No clear evidence

Meanwhile, in the oral submission for the police, senior officer Ahmad Dzaffir Mohd Yussof accompanied by Muhammad Sabri Mohd Raziff said, throughout the inquiry there was no clear evidence that the couple were victims of enforced disappearances by any individual or group.

He also stressed that investigations had been carried out to the best of their ability and are still ongoing.

“Police have also taken many steps to trace the missing persons, but investigations show no criminal elements were involved.

“Any allegations or assumptions of the involvement of enforcement authorities are baseless and must be rejected as it affects the credibility and image of the police,” he said.

Dzaffir added that Pastor Joshua was also participating in the baptism of Malay Muslims and was accused of making insulting statements against those of other faiths publicly on his Facebook page, which may have angered certain individuals.

This could have led to them “taking matters into their own hands” by harassing or threatening him.

Khoo too, agreed with the police, saying that there was no clear evidence, or “smoking gun”, that could prove conclusively that it was a case of enforced disappearances.

“We may have to evaluate the individual strands of evidence or interrelatedness,” he said, referring to the similarities with the case of Pastor Koh, who Suhakam had concluded was a victim of enforced disappearance by agents acting for the state, including Bukit Aman.

Joshua, a Malay who had converted to Christianity, and his wife Ruth have been missing since November 2016.

The Suhakam public inquiry was called to look into their disappearances. It concluded with oral submissions by all observers today, after almost a year of hearings. The panel called a total of 26 witnesses.

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