|Amri Che Mat with wife|
Saiful Afdzan, the owner of the Mak Lang restaurant in Kangar, Perlis, had refused to attend the inquiry, despite being issued a subpoena to appear.
The inquiry heard on Monday (July 23) that the investigation papers on this matter have been returned to the Kuala Lumpur police headquarters, with instructions to charge him under Section 174 of the Penal Code for non-attendance in obedience to an order from a public servant.
Saiful is said to be a crucial to the inquiry as he witnessed the alleged abduction of Amri close to his restaurant on Nov 24, 2016.
The inquiry had previously heard that he did not want to attend the sessions as he did not want to suffer losses to his business.
Saiful had attended a session earlier this year, but could not give testimony as time had run out that particular day.
When he was requested further, he declined to come to the inquiry.
Suhakam officers lodged a police report at the Sentul police district headquarters on March 22 after being instructed by the inquiry panel to do so.
Sentul police chief R. Munusamy said that they will apply for a summons against Saiful to attend a court hearing.
Amri had gone out from his home in Kangar at about 11.30pm on Nov 24, 2016, in his SUV.
His car was later found at the construction site of the Bukit Cabang Sports School in the wee hours of the morning the following day.
Amri was a mountain climber who was part of the 1997 Mount Everest Malaysian expedition team.
He and his wife Norhayati were married in 1997 and have four girls aged between 11 and 19.
The Suhakam inquiry is being held under Section 12(1) of the Human Rights Commission of Malaysia Act in connection with the disappearances of Pastor Raymond Koh, Amri, and Pastor Joshua Hilmi and his wife Ruth Sitepu.
The panel of inquiry consists of commissioners Datuk Mah Weng Kwai as chairman, Prof Datuk Dr Aishah Bidin and Dr Nik Salida Suhaila Nik Saleh.