Suhakam ‘allowed to accept hearsay evidence’
KUALA LUMPUR: Unlike a criminal or court case, a public inquiry by Suhakam is allowed to accept hearsay evidence.
Suhakam commissioner Datuk Mah Weng Kwai said that under Section 14 of the Suhakam act, the inquiry panel is not limited or constrained by the Evidence Act 1950.
“Hearsay becomes admissible ... we were mindful of this because a lot of things said was hearsay evidence. The next important thing is how we evaluate evidence. How much weight do we attach to such evidence? That’s where the evaluation took place,” he said yesterday.
He said the standard of proof applied in the inquiry was the same applicable to that of an inquest – on a balance of probabilities and not beyond reasonable doubt.
Suhakam’s public inquiry panel had found direct and circumstantial evidence which proved, on balance of probabilities that Koh and Amri were abducted by the Special Branch of Bukit Aman.
The panel of inquiry consists of commissioners Mah as chairman, Prof Datuk Dr Aishah Bidin, and Dr Nik Salida Suhaila Nik Saleh.
The basis for the conclusion in both cases was found in the evidence of the testimony of Amri’s wife Norhayati Mohd Ariffin who said that police officer Sergeant Shamzaini Mohd Daud told her that the Special Branch carried out both the abductions. Shamzaini later lodged a police report, denying he had said those things.
Mah also welcomed a Royal Commission of Inquiry (RCI) to investigate the disappearances of Pastor Koh and Amri, but said a special task force should be appointed to reinvestigate the cases.
As for the disappearances of Joshua Helmi and his wife Ruth, Mah said that they ran out of time to conduct an inquiry on their case.
“We were ambitious. We thought we could handle all three cases. And probably we would have if not for that abbreviation we had after receiving a letter from the police telling us to stop. That delayed us three months,” he said.