KUALA LUMPUR, May 9 — The High Court here today ordered the limited release of a special task force report on the disappearance of activist Amri Che Mat, which is classified as an official secret, to his wife.
Judge Datuk Wan Ahmad Farid Wan Salleh, in allowing a judicial review application by Amri’s wife Norhayati Mohd Ariffin, 50, ordered the report be released within 30 days exclusively to the woman.
“The applicant is prohibited to disclose the report to any members of the public, except her lawyers. The same order applies to the applicant’s solicitors. There shall be no order as to costs,” said the judge.
In her application, Norhayati named the secretary of the special task force, Mohd Russaini Idrus, 46, and the Malaysian government as respondents.
Wan Ahmad, in his judgment, said having read the explanation by Mohd Russaini) in the affidavit in reply, he did not find it (report) to be watertight.
“A general assertion that the report, if disclosed, would allow the criminals and enemies of the state to take advantage of the police operation is insufficient.
“However, I am equally aware that the report is only relevant to the applicant in her pursuit to establish her case in a suit and nothing more,” he said.
The proceedings, conducted online, were attended by senior Federal counsel Shamsul Bolhassan and Ahmad Hanir Hambaly, while lawyer Surendra Ananth represented Norhayati.
In November 2019, Norhayati filed a civil suit against 21 parties, including the government and the police, over her husband’s disappearance and then filed a discovery application for the report by the special task force to help her establish her case.
However, the defendants in the suit objected to the discovery application on the grounds that the task force report was classified under the Official Secrets Act (OSA).
Norhayati then filed for a judicial review and was granted leave on July 19, 2022, and following this, she withdrew the discovery application in her main suit.
In the application for judicial review, Norhayati sought, among others, a declaration that the report prepared by the task force did not fall within the definition of an ‘official secret’ under Section 2 of the OSA.
Amri was allegedly abducted in Perlis near midnight on November 24, 2016.
The vehicle he used was subsequently found in an abandoned construction site at Bukit Chabang, Perlis, at about 12.30am the next day.
Meanwhile, Surendra when contacted, said the court had set May 19 for case management of the main suit.
The trial is set for June 19 to June 22, he added.
— Bernama
