Teoh Beng Hock - A death in custody case...but this time, it was not the police, but Malaysian Anti-Corruption Commission (MACC)
and its officers that were implicated.
Now, Malaysia has a new Inspector General of Police, and the call again for an investigation ...
Press Release by Teoh Beng Hock Trust for Democracy, 7 September 2017
Re-Investigate the Death of Teoh Beng Hock, Prosecute the Involved MACC Officers
Teoh Beng Hock Trust for Democracy urges the newly-minted Inspector General of Police (IGP) Mohamad Fuzi Harun to reinvestigate the death of Teoh Beng Hock and prosecute Malaysian Anti-Corruption Commission (MACC) officers who involved in causing Teoh’s death, as strongly suggested by the Court of Appeal ruling on 5 September 2014.
Teoh family and board members of Teoh Beng Hock Trust for Democracy are ready to meet the IGP to provide necessary information, as well as their dissatisfaction over police investigations under Khalid Abu Bakar’s incompetent leadership. The police must give commitment to carry out an independent, professional and transparent new investigation. The culture of impunity must be ended to regain public confidence in criminal justice system in the country.
Khalid Abu Bakar’s rank and file probed the cause of death of Teoh at Plaza Masalam in 2009, the lackadaisical attitude and unprofessionalism of the investigating officer (IO) was shocking. The IO miserably failed to conduct a thorough investigation, he had presumed it was a suicide case and ruled out any possibility of homicide. The bruises caused by manual strangulation was only discovered with the support of external pathologist Dr. Pornthip. The unusual behavior of the IO frowned the lawyer, many times the IO answered that he did not dig further because “there was no instruction”. He also presented a suspicious “Teoh’s note” several months after the probe. The failure of Selangor police to conduct a free and independent investigation denied Teoh family’s right to truth and justice.
Khalid’s police team re-opened Teoh’s case ensued from the Court of the Appeal ruling. The police neither arrest the suspected MACC officers nor find out who killed Teoh. It ignore the court order that prosecution must be done to uphold justice. It did not make public the investigation report for public scrutiny. It took approximately two years to produce one sentence unconvincing conclusion “No criminal element in this case”. Khalid must take full responsibility for the prolonged injustice suffered by Teoh family.
The public have serious doubt about the integrity of Khalid Abu Bakar. He had argued that A. Kugan died in police custody due to “fluids in lung”, but the second post-mortem vindicated that there were 45 injuries on Kugan’s corpse. The court also sentenced constable V. Navindran for three years’ jail-term.
Mohamad Fuzi must take drastic steps to reform the police force to repair the enforcement agency’s image, the first step is to reopen the case of Teoh and ensure justice is served.
Abdul Samad Said
Chairperson
Teoh Beng Hock Trust for Democracy
Justice Mah Weng Kwai, reading one of the three judgments, said that the open verdict in the inquest was incorrect, ruling out that the political aide had committed suicide.He said that the correct and proper verdict to be returned in the inquiry was one of death caused by person or persons unknown. "Every effort must be made to track down the perpetrator or perpetrators in a thorough police investigation. No one should be spared in the investigations so that there will be no allegations of a cover up," Justice Mah said.
Press Release by Teoh Beng Hock Trust for Democracy, 7 September 2017
Re-Investigate the Death of Teoh Beng Hock, Prosecute the Involved MACC Officers
Teoh Beng Hock Trust for Democracy urges the newly-minted Inspector General of Police (IGP) Mohamad Fuzi Harun to reinvestigate the death of Teoh Beng Hock and prosecute Malaysian Anti-Corruption Commission (MACC) officers who involved in causing Teoh’s death, as strongly suggested by the Court of Appeal ruling on 5 September 2014.
Teoh family and board members of Teoh Beng Hock Trust for Democracy are ready to meet the IGP to provide necessary information, as well as their dissatisfaction over police investigations under Khalid Abu Bakar’s incompetent leadership. The police must give commitment to carry out an independent, professional and transparent new investigation. The culture of impunity must be ended to regain public confidence in criminal justice system in the country.
Khalid Abu Bakar’s rank and file probed the cause of death of Teoh at Plaza Masalam in 2009, the lackadaisical attitude and unprofessionalism of the investigating officer (IO) was shocking. The IO miserably failed to conduct a thorough investigation, he had presumed it was a suicide case and ruled out any possibility of homicide. The bruises caused by manual strangulation was only discovered with the support of external pathologist Dr. Pornthip. The unusual behavior of the IO frowned the lawyer, many times the IO answered that he did not dig further because “there was no instruction”. He also presented a suspicious “Teoh’s note” several months after the probe. The failure of Selangor police to conduct a free and independent investigation denied Teoh family’s right to truth and justice.
Khalid’s police team re-opened Teoh’s case ensued from the Court of the Appeal ruling. The police neither arrest the suspected MACC officers nor find out who killed Teoh. It ignore the court order that prosecution must be done to uphold justice. It did not make public the investigation report for public scrutiny. It took approximately two years to produce one sentence unconvincing conclusion “No criminal element in this case”. Khalid must take full responsibility for the prolonged injustice suffered by Teoh family.
The public have serious doubt about the integrity of Khalid Abu Bakar. He had argued that A. Kugan died in police custody due to “fluids in lung”, but the second post-mortem vindicated that there were 45 injuries on Kugan’s corpse. The court also sentenced constable V. Navindran for three years’ jail-term.
Mohamad Fuzi must take drastic steps to reform the police force to repair the enforcement agency’s image, the first step is to reopen the case of Teoh and ensure justice is served.
Abdul Samad Said
Chairperson
Teoh Beng Hock Trust for Democracy
(Please contact Mr. Ng at 01110664526 if you have any queries)
赵明福民主基金会文告，2017年9月7日
ooo
重新调查赵明福命案 提控涉案反贪会官员
赵明福民主基金会促请新任全国总警长莫哈末弗兹重新调查赵明福命
赵明福家人与赵明福民主基金会董事会准备会见总警长以提供更多资
当卡立的警官于2009年调查赵明福命案，调查官的重大疏忽与不
2014年上诉庭上诉庭判决指出，一个或多个不明人士致死赵明福
公众对于最高公务员之一的卡立的诚信也非常怀疑。卡立数年前坚持
弗兹必须采取激进步骤推动改革以修复警察部队的形象，第一步就是
赵明福民主基金会主席
沙末赛益
（如有任何疑问，请联络黄先生01110664526查询）
*This data in this chronology was obtained from the Teoh Beng Hock Trust For Democracy website
赵明福民主基金会促请新任全国总警长莫哈末弗兹重新调查赵明福命
赵明福家人与赵明福民主基金会董事会准备会见总警长以提供更多资
当卡立的警官于2009年调查赵明福命案，调查官的重大疏忽与不
2014年上诉庭上诉庭判决指出，一个或多个不明人士致死赵明福
公众对于最高公务员之一的卡立的诚信也非常怀疑。卡立数年前坚持
弗兹必须采取激进步骤推动改革以修复警察部队的形象，第一步就是
赵明福民主基金会主席
沙末赛益
（如有任何疑问，请联络黄先生01110664526查询）
*This data in this chronology was obtained from the Teoh Beng Hock Trust For Democracy website
Date
|
Event
|
2008.03.08
|
Pakatan Rakyat defeated Barisan
Nasional at the 12th General Election. Pakatan Rakyat state assemblyman was
given state fund of RM500,000 each to carry out small development projects in
their constituency while the executive councillors (EXCO) of Selangor state
were given RM100,000 of extra allocation.
|
2009.02.05
|
Three pakatan state assemblymen
declared separately friendly to Barisan Nasional. The Sultan of Perak Azlan
Shah confirmed BN has the majority to rule the state. Najib Razak was then
the chairman for Perak UMNO.
|
2009.04.24
|
In the UMNO Supreme council
meeting, Prime Minister Najib Razak stepped down as Perak UMNO chairman and
became the new chairman for Selangor UMNO.
|
2009.07.13
|
The Malaysian Anti-Corruption
Commission (MACC) is probing seven Pakatan Rakyat Selangor state assemblymen
in relation to the use of state funds in their respective constituencies.
|
2009.07.15
|
Malaysian Anti Corruption
Commission (MACC) officers raided the office of Selangor State Executive
Councillor Ean Yong Hian Wah and detained his political secretary Teoh Beng
Hock. MACC carried out endless interrogations against Teoh until mid night.
|
2009.07.16
|
Teoh Beng Hock was found dead at
the 5th floor roof top of Plaza Masalam where MACC Selangor office is.
|
2009.07.17
|
Five hundred people gathered at
MACC Selangor to protest the death of Teoh Beng Hock. Riot police suppressed
the demonstration and arrested few persons
|
2009.07.18
|
17 civil society groups issued a
joint statement pointed that Teoh is the the first political death under the
Najib-administration and under the MACC.
|
2009.07.27
|
The Selangor state assembly
backbenchers club raised the possibility of Selangor UMNO led by Prime
Minister Najib Razak in a bid to wrest power in Selangor, “First they
targeted Perak and now it is Selangor…Teoh’s death is the latest chapter”
|
2009.07.29
|
The inquest into the death of Teoh
Beng Hock began here before Coroner Azmil Muntapha Abas
|
2009.10.21
|
Thai Pathologist Dr. Pornthip
Rojanasunand says that there was an 80 percent possibility of homicide and 20
percent chance of suicide in Teoh’s death because his injuries are
inconsistent with a fall.
|
2010.11.18
|
Malaysians for Beng Hock (M4BH), a
civil society initiative, launched a 100,000 signature campaign to demand the
government to set up a Royal Commission of Inquiry (RCI) to probe into the
cause of death of TBH.
|
2011.01.05
|
The coroner, Azmil Muntapha Abas,
delivers an open verdict in the inquest into the death of political aide Teoh
Beng Hock. The result caused public outcry.
|
2011.01.26
|
Under public pressure, Prime
Minister Najib Tun Razak announced during the Tenang by-election that the
royal commission will now investigate the cause of death of Teoh Beng Hock.
He appoints five commissioners and chaired by current Federal Court judge James
Foong.
|
2011.04.26
|
MACC officer Ahmad Shafik Rahman
testified before the RCI that no evidence shows that Ean Yong misappropriate
the state fund. The RCI chairman James Foong criticized MACC for insufficient
ground work being done before summoning witness or suspect for statement
recording.
|
2011.07.21
|
The RCI concluded that Teoh Beng
Hock was driven to suicide due to the aggressive interrogation methods
deployed by MACC officers
|
2011.07.30
|
250 civil society members attended
a candle light vigil in protest of the RCI result. They demanded three MACC
officers named in the RCI report to be prosecuted immediately.
|
2011.12.01
|
The Shah Alam high courts rejected
the Teoh family’s application for judicial review, the judges maintained the
inquest’s open verdict.
|
2012.07.18
|
Malaysians for Beng Hock launched
Become Lee Lan 1 Min campaign, urged citizens to help Teoh family to ask the
Prime Minister and ministers about the truth and justice for Beng Hock.
|
2013.07.19
|
Malaysians for Beng Hock organized
the 4th anniversary memorial event of the passing of Teoh Beng Hock
|
2014.09.05
|
Court of appeal ruled that one or
more unknown persons, including MACC officers, caused the death of Teoh Beng
Hock. The ruling instructed the police to re-open the investigation.
|
2014.11.19
|
Teoh Beng Hock Trust for Democracy
held a protest outside of the parliament to demand police to disclose the
second investigation on the death of Teoh and suspects to be prosecuted
according to the ruling of court of appeal
|
2015.03.19
|
NGOs and politicians joined
protest to condemn the promotion of two MACC officers to senior positions who
are suspected involved in causing the death of Teoh.
|
2015.07.08
|
A protest was held at MACC Sabah
office to demand its Chief Hishamuddin Hashim, who involved in the death of
Teoh, to be sacked immediately
|
2016.05.19
|
Minister in the Prime Minister
Department Nancy said in parliament that the Attorney General found no
criminal element involved in the death of Teoh after examining the report of
the police’s special task force.
|
2016.07.16
|
Hundred people attended the 7th
anniversary memorial of the passing of Teoh and vowed to continue the
struggle for justice.
|
Friday, 5 September 2014 | MYT 11:15 AM
Open verdict in Teoh Beng Hock inquest overturned, suicide ruled out
PUTRAJAYA: In a landmark judgment, the
Court of Appeal has set aside the coroner's open verdict in the inquest
of Teoh Beng Hock.
In a unanimous decision on Friday, the panel held that Teoh's death
was caused by multiple injuries from a fall from the 14th floor of Plaza
Masalam as a result of, or which was accelerated by an unlawful act or
acts of persons unknown, inclusive of Malaysian Anti-Corruption
Commission (MACC) officers who were involved in his arrest and
investigation.
Court of Appeal judge Justice Mohamad Ariff Md Yusof, who chaired a
three-man panel, allowed the appeal by Teoh's brother, Teoh Meng Kee,
against the decision of the Shah Alam High Court which had on Dec 1,
2011 dismissed their application for a revision into Teoh's inquest and
upheld a coroner's open verdict.
Justice Mohamad Ariff said the interest of the family members and the
public requires that the case be further investigated by the police.
"This further investigation should include a more thorough
examination of the alleged suicide note by a handwriting expert with a
clear expertise in Chinese handwriting and with sufficient copies of the
deceased's original sample handwriting be made available," he said.
Justice Mah Weng Kwai, reading one of the three judgments, said that
the open verdict in the inquest was incorrect, ruling out that the
political aide had committed suicide.
He said that the correct and proper verdict to be returned in the inquiry was one of death caused by person or persons unknown.
"Every effort must be made to track down the perpetrator or
perpetrators in a thorough police investigation.
No one should be spared
in the investigations so that there will be no allegations of a cover
up," Justice Mah said.
He added that it was incumbent on the magistrate in the inquiry of death to have treated Teoh's death as a "custodial death".
Court of Appeal judge Justice Dr Hamid Sultan Abu Backer, who read
out a separate judgment, directed the Inspector-General of Police and
Attorney General's Chambers to commence investigation under the Criminal
Procedure Code (CPC) and prefer appropriate charges as they deem fit.
In his 30-page judgment, Justice Dr Hamid said that the magistrate in
Teoh's case had assumed the role of a "coroner" and proceeded to
deliver an open verdict, relying much on the erroneous practice
direction relating to Guidelines on 'Inquest', which is inconsistent
with the provisions of the CPC.
He said that there is no provision under the CPC or any other
provision in 'Malaya' for the magistrate to act as a 'coroner' to
deliver an open verdict; or a verdict of misadventure or death by person
or persons unknown.
"The failure to follow the relevant provisions of the law has
resulted in erroneous result which has caused the need to appoint a
'Royal Commission' and has also attracted undue condemnation by the
public of our criminal justice system.
"This has also led to a miscarriage of justice to the family members of the deceased," he said.
He said that Section 328 of the CPC specifically requires the cause of death or apparent cause of death to be identified.
"The magistrate is obliged to say who are 'criminally concerned' and
not who are 'criminally liable pursuant to sections 328 and 337 of CPC.
This was not done in this case," he said.
He also noted that Teoh was not accused of any crime but held in
custody of 'MACC' in the late hours of the night, as well as early
morning, which resulted in his death.
"The MACC's position has always been that he was a potential witness and not a suspect.
"I do not see how our legal system based on Rule of Law as well as
our country being a signatory to Human Rights Convention will permit a
witness to be oppressed in the manner that has been done to the
deceased.
"Such a conduct will also be clearly in breach of several provisions of the Federal Constitution," he said.
Justice Dr Hamid said that he did not see how any reasonable tribunal
or investigating or prosecuting agency, would not take appropriate
action against relevant officers for causing the death of a witness in
custody.
"This case relating to a 'witness in custody' will stand as a 'blot'
on our criminal justice system if remedial measures are not taken to
uphold the integrity of our criminal justice system," he said.
"Technically there is an arrest. Whether it is actual or constructive
or the arrest was unlawful or illegal (since he was only a witness) has
little significance in an inquest hearing save to show conduct of abuse
from the start," he said.
He said that the fact that the injury has been identified on Teoh's
neck was sufficient to attract some level of criminal liability against
MACC officers who were involved.
"A proper police investigation would have been warranted under the
CPC taking into consideration that 'MACC' officers are not immune to
such investigation under the law or Federal Constitution," he said.
He said that MACC or the relevant officers being a responsible body
simply could not disclaim liability when its officers had taken Teoh to
custody and kept the witness throughout, engaging in oppressive conduct
which resulted in Teoh's death.
"The law in Malaysia does not permit a witness to be arrested and
oppressively interrogated for long hours of the night and early morning;
and at the end to send the dead body to the family without admission of
liability; and also for the investigating authority to take a
unilateral position that everything done which led to the death of the
deceased was done 'prim and proper' and assert that the investigating
authority is not liable," he said.
In his decision, Shah Alam High Court judge Justice Abd Rahim Uda
said that while there were suspicious grounds that could lead to a
conclusion, but based on the law, suspicion alone was not enough.
Justice Abd Rahim said the court had gone through the documents and
found the coroner had evaluated the testimonies and observed the
witnesses in the inquest.
Teoh, 30, the political secretary to Selangor executive councillor
Ean Yong Hian Wah, was found dead on July 16, 2009 on the fifth floor
corridor of Plaza Masalam in Shah Alam after he had given a statement at
the office of the Selangor branch of the commission on the 14th floor
of the building.
Coroner Azmil Muntapha Abas had given an open verdict on Jan 5, 2011,
that the death of the political aide was not a suicide, nor was it a
homicide.
The much-awaited Royal Commission of Inquiry (RCI) report had
concluded in July 2011 that Teoh was driven to commit suicide and blamed
intensive interrogation by three MACC officers.
High Court Judge Justice Rohana Yusuf had on October 2011 dismissed
the family's leave application for a judicial review to nullify the
RCI's findings, saying that the High Court was bound by the Federal
Court's ruling in the Datuk V.K. Lingam's video clip case on Sept 13.
The Apex court had ruled in the Lingam case that the RCI's findings were not reviewable.- Star, 5/9/2014
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