Sunday, January 23, 2011

Fight to save the life of 23 yr old Sabahan Vui Kong & for the abolition of the death penalty

We struggle on to save Vui Kong and other lives that await death at the hands of the State as strive for the abolition of the death penalty in Malaysia, Singapore, ....

Happy birthday, Vui Kong

By RASHVINJEET S.BEDI 


Two years have passed since Sabahan Yong Vui Kong was sentenced to death by a Singapore court for a drug offence. As campaigns to save him continue relentlessly, he has turned to Buddhism, meditates and counsels other inmates and prison wardens.

Every day counts for Yong Vui Kong. Last Tuesday, he celebrated his 23rd birthday in prison in Singapore, a milestone for someone who has been facing the hangman’s noose over the last two years.

Vui Kong was sentenced to the gallows on Jan 7, 2009 for possession of 47.27g of heroin. Initially, he was to be executed on Dec 4 the same year. He petitioned for a judicial review of the rules that can potentially allow offenders like him to be spared the gallows, but it was turned down last year. He subsequently appealed the decision, and last Monday the republic’s Court of Appeal reserved its judgment.

Filial son: Vui Kong with his mother.

Countless blogs have been set up in support of Vui Kong, and more than 22,300 people have signed in to the “Save Yong Vui Kong” Facebook group page.

Amnesty International Malaysia staged a play based on his life while Inter­national news station Al-Jazeera made a documentary about the visit of campaigners to Sandakan, his hometown.

In Singapore, a group of supporters commemorated his birthday with a song and a cake. For every day he is alive, it means hope for the clemency campaigners whose efforts have continued unabated.

So why did 109,346 people sign a petition (collected on the streets and not the Internet) asking the Singapore President for clemency? Why are people concerned about a young man they don’t even know, one whom detractors say is a criminal and should have known better than to smuggle drugs?

The Save Vui Kong Campaign coordinator Ngeow Chow Ying believes that Vui Kong’s plight has touched hearts because of his circumstances.

“I think it’s his background and the fact that he has repented. I know people who support the death penalty for drug crimes but are sympathetic towards Vui Kong,” she says.

Ngeow acknowledges that the group is sometimes misunderstood.

“We are not asking him to be let free. He has to take legal responsibility for what he did. We are asking for clemency,” she stresses.

Kirsten Hans of the We Believe In Second Chances in Singapore says she and her fellow campaigners have been accused of neglecting the victims of drug abuse and their families.

“I’ve been called a criminal-hugger,” she says.

Those were the days: Vui Kong (centre) with his brothers.
 
For the record, Vui Kong was caught with heroin in June 2007, a crime that warrants a mandatory death sentence. He was barely 18 at the time. Because of his age, trial judge Justice Choo Han Teck asked the prosecution to consider reducing the charge against him.

The prosecution declined, and Vui Kong was given the mandatory death sentence.

A victim of circumstances

Vui Kong is the sixth in a family of seven siblings. His parents were divorced when he was only three and as a result, his mother Liaw Yueng Kuan was forced to raise the family single-handedly. She earned a paltry RM220 monthly washing dishes at a hawker stall.

Because of the dire situation, only Vui Kong and his two elder brothers lived with their mother and reportedly abusive grandfather. The other siblings lived with relatives.

Of all the siblings, only Vui Kong’s younger sister Yong Vui Fung, now 21, completed studies until secondary five.

His elder brother Yun Leong, 26, a kitchen helper in Singapore, who visits Vui Kong every Monday in prison, says growing up was very tough because of the negative atmosphere.

According to him, his mother was always abused and beaten by their grandfather. The brothers, meanwhile, were forced to take care of their grandfather’s patch of oil palm, a laborious task.

Vui Kong dropped out of school when he was 11 and started working odd jobs, including washing cars for RM3 a day.

At one point, he stayed with a friend because his workplace was far from his home.

Because of his meagre salary, he decided to try his luck in Kuala Lumpur when he was 16, getting a job as a kitchen helper.

Vui Kong got into the “wrong company” and started selling pirated DVDs in Petaling Street, earning about RM1,000 monthly, says Yun Leong.

There he met a “big brother” who bought him meals in hotels and expensive clothes. Vui Kong then started debt collecting before delivering “special packages”.

He did not know much about the law and the boss lied to him, telling him that peddling DVDs would earn him seven years in jail while peddling drugs would only get him two years in prison, at the most, says Yun Leong. “He was a naive kid.”

At that time, their mother was suffering from depression and Vui Kong was desperately looking for money to help her.

Right: The picture of the Bodhi sattva of the netherworld that Vui Kong drew for his lawyer M. Ravi. The drawing was done with a four-coloured ballpoint pen and took more than 30 days to complete.

Three days before getting caught, Vui Kong flew to Sandakan to celebrate his mother’s birthday.
In fact, his last wish before his slated execution in 2009 was to see his mother.

Until today, his mother does not know that Vui Kong is facing the death sentence. “He told her that he was going for a pilgrimage far away,” says Yun Leong.

Onto the path of Buddha
It is learnt that Vui Kong has undergone a complete transformation since entering jail.

He has taken up Buddhism and spends a lot of time on prayer and meditation, waking up by 4am every day. He has also become a vegetarian and taken a new name, Nan Di Li, from the Buddhist Dharma.

“He is glad that he was caught because if not, he might still be doing bad things,” says Yun Leong.

Vui Fung says she could not believe the change she saw in her brother when she met him in pri­son.

“He always had a good heart, although not necessarily good habits. I remember him always waking up late in the day,” she recalls.

Vui Kong’s lawyer M. Ravi, who has been working pro bono, says that when he first met Vui Kong, the latter could hardly speak a word of English and only spoke broken Malay and Hokkien. Now, 80% of their conversation is in English.

“Every time there is a legal submission, he would bring his dictionary along and scrutinise the submission. He would always ask why one word was used and not another,” says Ravi.

He says Vui Kong’s mother was impressed with her son when she saw him in December 2009.

“She was crying when she heard his Mandarin,” says Ravi.

Similarly, Ngeow, who has been reading letters to his family, says that he started writing simple letters asking them how they were. But as time passed, the letters became more philosophical, with quotes from Buddhist teachings.

“His grammar has improved tremendously as well,” she says, adding that 30 of these letters have been compiled into an e-book.

Vui Kong’s compassion grew as well. He would save the biscuits he got in the morning and on the way to the library, he would distribute them to the other prisoners, says Ravi.

“He also counsels the other inmates and even prison wardens,” he adds.

“Not a single prison warden can accept his execution. A prison guard told me that he is the gentlest soul he has ever met and they all have benefited from him.”

Ravi considers Vui Kong to be an enlightened soul and is learning meditation from him.

“I feel recharged after seeing him,” Ravi says.

Vui Kong also drew him a picture of Ksitigarbha Bodhisattva, often referred to as the Bodhi­sattva of the netherworld because of his vow not to achieve Buddhahood until “all the Hells are empty”.

The drawing with a four-coloured ballpoint pen took more than a month to complete.

“He would kneel down, meditate and draw the picture,” says Ravi, adding that Vui Kong is talented in art.
Vui Kong is also thankful to all those who have been supporting his clemency appeal.

“I showed him a picture of Singaporean activists who rallied in the park in support of his cause. He took at least 30 minutes to look at the picture to know all the faces,” Ravi says.

Vui Kong also wrote thank you letters to each person in the picture, including a five-year-old girl, he adds.
Yun Leong says his brother will accept whatever happens and is not afraid of the noose.

“Vui Kong has accepted his fate because everyone will die anyway. He took the wrong path and is not afraid to accept the consequence of his actions. He just wants his life to have meaning,” he says.

Yun Leong adds that his brother wants to join the anti-drug campaign and guide other youngsters towards the right path.

“He tells people not to take the easy way out and not to trust anyone blindly,” he says.

Ngeow believes Vui Kong would make a good advocate for an anti-drug campaign.

“His story can inspire others not to make the same mistakes, and those in similar circumstances. If Vui Kong speaks to them, they would probably listen to him,” she says. - Star, 23/1/2011, Happy Birthday, Vui Kong

Thursday, January 20, 2011

The time to end whipping and corporal punishment in Malaysia is NOW..

The time has come for Malaysia to be humane and end whipping and other forms of corporal punishments.

Home Minister Hishammuddin Hussein had told Parliament on June 17 that 34,923 migrants have been caned since 2002 and 2008 in a written reply to a question by Bukit Bendera DAP parliamentarian Liew Chin Tong.

It was also stated in the reply that out of the 34,923 migrants who were caned 60.2 percent were Indonesians, 14.1 percent Filipinos and 13.9 percent Burmese. - Malaysiakini, 3/7/2009, Amnesty In't: Stop caning immigrants
Last month, Amnesty International published a report drawing attention to the fact that judicial caning in Malaysia has reached epidemic proportions. Since 2002, when the Immigration Act was amended to include corporal punishment, nearly 48,000 prisoners have been whipped in Malaysia.

It is a shocking reminder of the cruel, inhuman and degrading way we treat prisoners, particularly refugees and illegal migrants.

Caning or whipping is a horrendous form of punishment. Maximum force, with the cane travelling at speeds of up to 160kph, is applied. The whiplash of the cane (usually a piece of rattan about 1.09m long and 1.25cm thick that is soaked in water) literally takes the skin off the buttocks and then pounds the flesh into pulp. Skin disintegrates. Blood flows copiously.

The pain is so severe that victims often lose consciousness. And when they do, they are quickly revived by doctors so that punishment can continue.

How doctors can participate in this kind of abuse is beyond understanding.

Whipping leaves deep scars that take months to heal. It also leaves deep emotional and psychological wounds that mark the victims for the rest of their lives.

In 2007, a six-minute video of a drug trafficker being caned in Malaysia found its way onto the Internet. Those who think that caning is an acceptable form of punishment should take the trouble to view it.
I personally found it too disturbing to watch. It brought back memories of my late father’s treatment at the hands of the Kempeitai – the military police of the Imperial Japanese Army during the war years. My father was whipped so badly that he carried the scars on his back and buttocks to his grave some fifty years later.

That such horrific abuse is still being visited upon people today is mind-boggling.

And all this despite the fact that there is no evidence that caning is an effective deterrence. It simply panders to our baser instincts to inflict pain upon those who transgress.

Furthermore, such forms of corporal punishment are clearly against the 1948 Universal Declara­tion of Human Rights which states that, “No one shall be subject to torture or to cruel, inhuman and degrading treatment or punishment”.

Malaysia has always been an ardent supporter of the UN and proudly sits on its Human Rights Council, yet we violate one of its most cherished principles. We lose the moral authority to speak on human rights issues when we ourselves don’t cherish and uphold them.

Some years ago, Malaysians joined the global outrage over the treatment of prisoners at Abu Ghraib. 

America was rightly condemned for behaving in such a cruel and callous manner. What does it now say of us when we are silent about something far worse that is taking place in our prisons on an almost daily basis?
What is even more egregious is that we visit such horrific punishment upon hapless refugees and illegal migrants as well.

Refugees from Myanmar, for example, flee in fear and desperation from well documented abuse, torture and death in their own land only to be further abused in Malaysia.

According to Amnesty International, more than 6,000 refugees are caned, up to 24 times each, every year!
This is morally reprehensible and a great blight upon our nation’s honour.

Of course, we are not the only ones to permit judicial caning. It is widely practised in Singapore and Brunei as well, courtesy of our common British colonial heritage. Caning is now increasingly considered a cheaper alternative to jailing offenders. Illegal migrants are whipped and then deported.

Not surprisingly, many countries seem to ignore this appalling abuse of their own citizens in Malaysia, Singapore and Brunei. If Australian, British or American citizens were similarly treated, there would be an international uproar, which explains why such punishment is rarely inflicted on them.

Our poorer Asian neighbours, on the other hand, remain silent largely because they fear antagonising us and jeopardising an important source of foreign income in the remittances that these migrant workers send home each month. For countries like the Philippines, Bangladesh and Nepal, for example, such remittances make a significant contribution to their economy.

Perhaps it is also because Asian governments tend to place a lower premium on human dignity.

Whatever the reason, shame on them for staying silent while their citizens are so harshly treated abroad.
Of course, Myanmar’s military rulers are not going to lose any sleep over the treatment of Karen, Kachin or Rohingya people abroad, but surely we become complicit in the injustice wreaked upon these people if they end up being abused and punished in Malaysia as well.

When asked about the leaked caning video in 2007, the Deputy Home Minister at the time said it was “no big deal”.

But it is a big deal when our nation inflicts such horrendous suffering upon prisoners, upon migrant workers and upon refugees. It tarnishes our image and invites international scorn.

And it is a big deal because we are better than that.

It’s time we end this barbaric form of punishment. Certainly, we should immediately stop the caning of refugees and illegal migrants.

Datuk Dennis Ignatius is a 36-year veteran of the Malaysian foreign service. He served in London, Beijing and Washington and was ambassador to Chile and Argentina. He retired as High Commissioner to Canada in July 2008. - Star, 20/1/2011, Cruel, inhuman and degrading punishment

Malaysia: Torture practiced systematically in widespread caning

How every caning case amounts to torture
© AI
Tens of thousands of refugees and migrants have been caned since 2002
Tens of thousands of refugees and migrants have been caned since 2002
© Amnesty International

6 December 2010

The Malaysian government must immediately end the practice of judicial caning, which subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars, Amnesty International said today in a new report.

A Blow to Humanity provides an in-depth look at Malaysian caning, which leaves victims, including many foreigners seeking asylum, with little recourse, support or hope. Many have no understanding of the charges or fate that awaits them.

“Caning in Malaysia has hit epidemic proportions,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “In every case that we examined, the punishment amounted to torture, which is absolutely prohibited under any circumstances.”

In recent years, Malaysia has increased the number of penal offenses subject to caning to more than 60. Since 2002, when Parliament made immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned.

In Malaysian prisons specially trained caning officers tear into victims’ bodies with a metre-long cane swung with both hands at high speed. The cane rips into the victim’s naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre. The pain is so severe that victims often lose consciousness.

The Malaysian government does not punish officers for their actions. Instead, it trains officers how to conduct caning and pays them a bonus for each stroke. Many double their income through their caning work. Others take bribes to intentionally miss, sparing their victims.

State-employed doctors also play an integral role in caning. They examine victims and certify their fitness to be caned. When victims lose consciousness during caning, they revive them so the punishment can continue. After caning, some victims suffer long-term physical disabilities.

“The role that Malaysian doctors play in facilitating deliberate pain and injury through caning is absolutely contrary to international medical ethics,” said Sam Zarifi. “Instead of treating the victims, doctors are assisting in their torture and ill-treatment.”

Malaysian officials and state employees who are complicit in torture are liable to prosecution worldwide under universal jurisdiction for grave human rights crimes such as these, Amnesty International said.

Judicial caning was originally imposed under British colonial rule in the 19th century. Under international law, all judicial corporal punishment constitutes torture or other ill-treatment, which is prohibited in all circumstances.

Refugees who fled torture and forced labour in Myanmar told Amnesty International how Malaysia (which does not recognize refugees) caned them for immigration violations, sometimes repeatedly. In Indonesia, Amnesty International met migrant workers deported by boat from Malaysia; 63 of the men had been caned.

“Neighbouring countries significantly contribute to Malaysia’s economy by sending tens of thousands of migrant workers,” said Sam Zarifi. “Indonesia and other migrant-sending countries should insist that Malaysia stop caning their citizens.”

Amnesty International called on the Malaysian government to:
•    Enact immediately a moratorium on caning punishment in all cases, with a view to its abolition;
•    Ratify the UN Convention Against Torture and its Optional Protocol, as well as the International Covenant on Civil and Political Rights;
•    Amend legislation to treat immigration violations as administrative offences rather than crimes punishable by prison or corporal punishment. - Amnesty International, 6/12/2010, Malaysia: Torture practiced systematically in widespread caning

The related Press Statement by AI:-

Malaysia: Torture practiced systematically in widespread caning

6 December 2010
AI Index: PRE01/404/2010
The Malaysian government must immediately end the practice of judicial caning, which subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars, Amnesty International said today in a new report.

A Blow to Humanity provides an in-depth look at Malaysian caning, which leaves victims, including many foreigners seeking asylum, with little recourse, support or hope. Many have no understanding of the charges or fate that awaits them.

“Caning in Malaysia has hit epidemic proportions,” said Sam Zarifi, Amnesty International’s Asia-Pacific Director. “In every case that we examined, the punishment amounted to torture, which is absolutely prohibited under any circumstances.”

In recent years, Malaysia has increased the number of penal offenses subject to caning to more than 60. Since 2002, when Parliament made immigration violations such as illegal entry subject to caning, tens of thousands of refugees and migrant workers have been caned.

In Malaysian prisons specially trained caning officers tear into victims’ bodies with a metre-long cane swung with both hands at high speed. The cane rips into the victim’s naked skin, pulps the fatty tissue below, and leaves scars that extend to muscle fibre. The pain is so severe that victims often lose consciousness.

The Malaysian government does not punish officers for their actions. Instead, it trains officers how to conduct caning and pays them a bonus for each stroke. Many double their income through their caning work. Others take bribes to intentionally miss, sparing their victims.

State-employed doctors also play an integral role in caning. They examine victims and certify their fitness to be caned. When victims lose consciousness during caning, they revive them so the punishment can continue. After caning, some victims suffer long-term physical disabilities.

“The role that Malaysian doctors play in facilitating deliberate pain and injury through caning is absolutely contrary to international medical ethics,” said Sam Zarifi. “Instead of treating the victims, the doctors are preparing them for punishment.”

Malaysian officials and states employees who are complicit in torture are liable to prosecution worldwide under universal jurisdiction for grave human rights crimes such as these, Amnesty International said.

Judicial caning was originally imposed under British colonial rule in the 19th century. Under international law, all judicial corporal punishment constitutes torture or other ill-treatment, which is prohibited in all circumstances.

Refugees who fled torture and forced labour in Myanmar told Amnesty International how Malaysia (which does not recognize refugees) caned them for immigration violations, sometimes repeatedly. In Indonesia, Amnesty International met migrant workers deported by boat from Malaysia; 63 of the men had been caned.
“Neighbouring countries significantly contribute to Malaysia’s economy by sending tens of thousands of migrant workers,” said Sam Zarifi. “Indonesia and other migrant-sending countries should insist that Malaysia stop caning their citizens.”

Amnesty International called on the Malaysian government to:
• Enact immediately a moratorium on caning punishment in all cases, with a view to its abolition;
• Ratify the UN Convention Against Torture and its Optional Protocol, as well as the International Covenant on Civil and Political Rights;
• Amend legislation to treat immigration violations as administrative offences rather than crimes punishable by prison or corporal punishment.

Note to editors:

Amnesty International spokespeople and case studies are available.
In Kuala Lumpur, contact Lance Lattig (English, French, Spanish and Portuguese) on +60 12 294 3731.
In London, contact Thomas Yocum on +44 (0) 207 413 5871.
The report can be found at: http://www.amnesty.org/en/library/info/ASA28/013/2010/en
Source: Amnesty International Website

Thursday, January 06, 2011

Malaysian Bar: Search for the truth must continue (Teoh Beng Hock's death in custody case)

Press Release: Search for the truth must continue

The Malaysian Bar regrets that, after extensive hearing of evidence from numerous witnesses, the Coroner’s Court delivered an open verdict yesterday in the inquest to determine the cause of Teoh Beng Hock’s death.  While it is heartening that the Coroner ruled out suicide, the inability to make a definitive finding is unsatisfactory, and leaves many issues unresolved in this matter of great public interest.

Such indecisive findings cast grave doubts on the effectiveness of the inquest mechanism and renders the whole process meaningless.

The Coroner failed to consider a vital aspect of the matter: Teoh was under the custody of the Malaysian Anti-Corruption Commission (“MACC”) when he died, which invariably places the burden on the MACC to account for his death.  In addition, the Coroner ought to have reprimanded the conduct of the investigating officer in respect of the introduction of the handwritten note midway through the inquest, and ordered further investigation into his conduct.

We reaffirm our call for the establishment of a Royal Commission of Enquiry (“RCE”) to continue the search for the truth and go beyond the scope of the inquest.  We welcome the news that the Government is expected to announce the setting up of the RCE shortly. 

The RCE must be given a wide ambit to investigate the circumstances and cause of Teoh’s death and to conduct a concomitant review of the MACC’s interrogation and investigation techniques.  These two aspects are intrinsically interlinked and cannot be analysed in isolation from one another.  The complexities of the case require nothing less than a holistic and inclusive examination of all the relevant facts by the RCE.  The RCE should also examine the shortcomings within the criminal justice system, and ensure that protocols are introduced to guarantee full compliance with accepted norms of the criminal justice system. 

Teoh’s family, colleagues and friends, and the Malaysian public, deserve nothing less than the Government’s absolute commitment in this regard.

The Malaysian Bar again extends its heartfelt sympathy to Teoh’s family and loved ones.


Ragunath Kesavan
President
Malaysian Bar

6 January 2011

Do you want to READ the verdict of the Teoh Beng Hock's inquest - 5/1/2011?

 

Do you want to READ the verdict of the Teoh Beng Hock's inquest - 5/1/2011?

To read the verdict delivered by the Coroner's Court on 5 Jan 2011 in the inquest into Teoh Beng Hock's death, you can go to the website of the Malaysian Bar. Just follow this link ,
or this other link that takes you straight to the document.

Malaysiakini also has the verdict but alas, I believe it is only available to subscribers.

LIVE REPORTS Coroner Azmil Muntapha Abas has returned an open verdict into the death of DAP political aide Teoh Beng Hock, whose body was found on July 16, 2009.

He ruled out suicide or homicide as the cause of death.

"There remains unsettled issues on the case of suicide and to find this on guesswork is unacceptable. I rule out verdict of suicide,” he told a packed courtroom.
Azmil said there exists sufficient evidence to show that Teoh's neck injury was pre-fall but "no evidence to confirm that this injury facilitated or contributed to Teoh's demise".

"I rule out the verdict of homicide... I find an open verdict," he said.
Earlier this afternoon, the air was thick with anticipation at the Shah Alam Magistrate's Court, where the long-awaited ruling was to be delivered.
teoh lee lan in teoh beng hock inquest verdict
Many had lined up outside the courtroom in the hope of getting in, while about 50 others gathered at the lobby with banners that read '1 Tahun Keadilan Untuk Beng Hock'.
Some had white daisies pinned to their shirts.
Teoh's family arrived at 2pm and had to push through the crowd to take their seats, which were reserved for them by court officials.
DAP veteran Lim Kit Siang and DAP's Serdang parliamentarian Teo Nie Ching were present.
NONEPolice trucks were stationed along the road leading up the courthouse while police cones were used to close off one of the lanes nearer to the courthouse.
Eight police personnel were stationed in the courtroom, a heavier presence than during the inquest proceedings.
Teoh, 30, was found dead on July 16, 2009 on the fifth floor landing of Plaza Masalam, Shah Alam, after overnight interrogation by the Selangor Malaysian Anti-Corruption Commission at its office on the 14th floor of the building.

The inquest, which began on July 29, 2009, has been fraught with controversy, with expert witnesses giving contradicting evidence on the circumstances of Teoh's death.

azlanThai pathologist Dr Pornthip Rojanasunand testified that she was certain that it was not a case of suicide as the second autopsy conducted found neither defensive injuries on the deceased limbs nor a fracture on the skull typical of suicide by jumping.

She disagreed with British pathologist Dr Peter Vanezis, who testified that the fracture found on Teoh's left ankle showed that he landed on his feet, and that he was concious when the fell.

A note said to have been found in Teoh's bag two months after his death was also tendered as evidence at the tail end of the inquest, following allegations that the Attorney-General's Chambers had withheld evidence.

Witnesses were, however, unable to conclude that the note, said to be a 'final testament' was indeed Teoh's as it could not be proven that the handwriting samples used as comparison indeed were his.
LIVE REPORTS
NONE2.50pm: Selangor exco members trickle in slowly, including Dr Xavier Jeyakumar, Elizabeth Wong and Teresa Kok. Menteri Besar Abdul Khalid Ibrahim is expected to arrive any time now. Also spotted is PKR Youth chief Shamsul Iskandar Md Akin.
3.10 pm: Azmil enters the courtroom to deliver his verdict. The Selangor MB arrives at the same time.
3.12pm: The coroner begins by thanking all parties representing the MACC, Selangor government, AG's Chambers, Teoh's family and Bar Council.
3.14pm: He states that 37 witnesses testified including 12 expert witnesses. He adds that his duty is to determine how Teoh died, where he died, when he died and "if any person is criminally concerned in the cause of death".
3.20pm: The coroner refers to the death of actress K Sujatha in saying that hearsay and secondary evidence is allowed, but must be scrutinised with caution, and that this must be proven beyond reasonable doubt. (An inquest found that Sujatha committed suicide.)
3.25pm: He notes that Teoh died about 11.15am on July 16.
3.30pm: "Teoh was alive upon impact on the fifth floor. The cause of death was multiple injuries sustained by fall."
NONE3.35pm: Teoh's handwriting samples were never obtained so it cannot be proved that he wrote the 'final note'; the coroner also said the MACC relied heavily upon to prove suicide on grounds that Teoh had felt guilty.
"At best I can only assume that the note was authored by Teoh but I am not qualified to say it is a suicide note.
"There remains unsettled issues on the case of suicide and to find this on guesswork is unacceptable. I rule out verdict of suicide."
3.45pm: Azmil said there exists sufficient evidence to show that Teoh's neck injury was pre-fall but "no evidence to confirm that this injury facilitated or contributed to Teoh's demise".

"I rule out the verdict of homicide... I find an open verdict."
NONE4.05pm: Teoh's sister Lee Lan is inconsolable, crying incontrollably. Her parents appear devastated but stoic.
The family will now consult with their lawyer to discuss the next course of action.

Tan Hock Chuan, who represented the Attorney-General's chambers, says the MACC and the family have the option to take the matter to the High Court to obtain a revision of the finding.

"According to case law, the coroner had no choice but to find an open verdict as he cannot make assumptions," Tan explained.- Malaysiakini, 5/1/2011, Open verdict: 'Teoh's death not suicide or homicide'


Monday, January 03, 2011

SHOCKING FAILURE BY POLICE TO INVESTIGATE OR TAKE ANY ACTION ON THE UNLAWFUL KILLINGS BY POLICE AT GLENMARIE ON 13.11.2010 INCLUDING THE KILLING OF A 15 YEAR OLD -LFL

SHOCKING FAILURE BY POLICE TO INVESTIGATE OR TAKE ANY ACTION ON THE UNLAWFUL KILLINGS BY POLICE AT GLENMARIE ON 13.11.2010 INCLUDING THE KILLING OF A 15 YEAR OLD

The quest for justice for the recent police shooting victims at Glenmarie continues due to police failure to investigate.

Lawyers for Liberty is gravely concerned over the shooting to death of three alleged suspects by police during the early hours of Saturday 13th November 2010 at Glenmarie, Selangor. The dead were Mohd Shamil Hafiz Shafie, 15, Mohd Khairul Nizam Tuah, 20, and Mohd Hanafi Omar, 22. Although the three victims did not have criminal records, acting Selangor police chief Datuk A.Thaiveegan has made the incredible claim that all the dead were “seasoned criminals”.

Even after the shocking statistics of fatal police shootings that have risen 17 fold since 2001 was revealed in November 2010, the Police continue to act in blatant lawlessness as reflected in their failure to commence an independent and effective investigation in response to the police reports lodged by the victims’ families on November 2010. The police failure to independently and effectively investigate the shooting demonstrates clearly the culture of impunity and lawlessness that is deeply woven into the practice of the Malaysian police force. This deafening silence poses irreversible threat to the lives and safety of the general public who is vulnerable to being victims of police shooting as a result of uninvestigated misuse of power which goes unpunished.

We call for an immediate independent and effective investigation into this latest shooting, with the findings made public.

WE FREE CITIZENS OF THIS NATION MUST MAKE A STAND AGAINST THE PREVAILING FATAL POLICE SHOOTINGS! JOIN US FOR THE HANDING OVER OF A PROTEST MEMORANDUM TO THE IGP THIS SATURDAY (08.01.2011), 10.00am BUKIT AMAN FEDERAL POLICE HQ (LAKE GARDEN ENTRANCE).

Issued by,
LAWYERS FOR LIBERTY (LFL)
8/1/2011