Showing posts with label 2011. Show all posts
Showing posts with label 2011. Show all posts

Tuesday, October 25, 2011

A-G not going after MACC trio in Teoh death



KUALA LUMPUR, Oct 24 — The Attorney-General (A-G) is not pursuing legal action against the anti-graft officers who drove Teoh Beng Hock to suicide as no police report has been lodged over the matter, Datuk Seri Nazri Aziz said today.

The de facto law minister said the A-G was not compelled to prosecute any of the three Malaysian Anti-Corruption Commission (MACC) officers implicated in the political aide’s death due to the lack of investigative evidence and witness accounts.

But the minister in the Prime Minister’s Department gave his assurance that the A-G would take action if any evidence or testimony surfaced.

He was responding to Puchong MP Gobind Singh Deo, lawyer for the Teoh family, while winding up for the Prime Minister’s Department.

Nazri also said the MACC probe into the three officers by a special investigative team was still ongoing.

“If it’s proven that there were offences and procedural breaches, suitable disciplinary action will be taken against them,” he said.

He added that the investigative team would need more time before it could make its recommendation to the MACC disciplinary committee.

Teoh, political aide to Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead on July 16, 2009 on the fifth-floor corridor of Selangor MACC’s office in Shah Alam after overnight questioning.

The Royal Commission of Inquiry (RCI) into his death found that Teoh had been driven to suicide after harsh, relentless questioning from MACC officers.

Thursday, October 6, 2011

No judicial review for Teoh suicide verdict, court rules



KUALA LUMPUR, Oct 4 — The family of the late Teoh Beng Hock today failed to challenge the Royal Commission of Inquiry’s (RCI) conclusion that the Selangor DAP political aide committed suicide in 2009.

Teoh’s family filed the application for judicial review against the RCI on August 24.

The RCI, which was chaired by sitting Federal Court judge Tan Sri James Foong, found that Teoh had been driven to suicide after relentless questioning by investigators from the Malaysian Anti-Corruption Commission (MACC).

The five-man panel wrapped up its report on June 15 after hearing testimony from 70 witnesses in its bid to unravel the mysterious circumstances behind Teoh’s death at the then Selangor MACC headquarters on July 16, 2009.

Judge Datuk Rohana Yusof ruled today that an RCI could not be subject to a judicial review, as the court was bound by an earlier federal court decision.

Lawyer Gobind Singh Deo, who is representing the Teoh family, told The Malaysian Insider the decision was made in chambers.

Senior federal counsel Shamsul Bol Hassan represented the RCI, whose commissioners were named as respondents.

“The judge’s decision was based on the federal court’s decision in Datuk V. K Lingam’s appeal, where they ruled that recommendations of the RCI are not subject to judicial review,” he said.

Gobind said the only option the family had right now is to challenge the federal court’s decision in Lingam’s case, but said that he was not sure whether they wanted to do that.

“There is still the revision application on the coroner’s open verdict, which will take place the day after tomorrow,” Gobind said.

Before the RCI was formed, a coroner’s inquest had in January returned an “open verdict” ruling out both suicide and homicide.

The lawyer had previously pointed out that there was no testimony on what happened to Teoh, between 3.30am and 7am on July 16, 2009, the crucial hours before he was found dead outside the then Selangor Malaysian Anti-Corruption Commission (MACC) office in Plaza Masalam, Shah Alam.

Gobind had also questioned the lack of action against the three MACC officers whom the RCI said had pressured Teoh into committing suicide.

The MACC has suspended the officers pending internal investigations.

Teoh, 30, was found dead on July 16, 2009 on the fifth-floor corridor of Plaza Masalam in Shah Alam after he was questioned overnight by MACC officers at their then-Selangor headquarters on the 14th floor.

Tuesday, August 23, 2011

DAP wants police action on Teoh’s interrogators


Klang MP Charles Santiago says no action has been taken against the three MACC officers since the release of the RCI findings.

KLANG: DAP MP Charles Santiago today lodged a police report demanding an investigation into the findings of the Royal Commission of Inquiry (RCI) which implicated three Malaysian Anti-Corruption Commission (MACC) officers in the death of Teoh Beng Hock.

“We want the police to act on the findings which said that torture had contributed to the death of Teoh… there was criminal intent,” Santiago, the Klang MP, told reporters after lodging the report at the Klang police headquarters here.

The RCI had ruled that Teoh, the former political aide to a Selangor executive councillor, had committed suicide as a result of pressure from aggressive and continuous interrogation methods.

It blamed three officers – former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus – for his death.

The three in the RCI report were described as “Arman the bully, Ashraf the abuser and HH the arrogant leader” and recommended action against them.

Police, however, said there are no laws to charge the three while the MACC launched an internal probe and promised to implement other RCI recommendations, including conducting questioning on the ground floor and installing cameras.

But former Kuala Lumpur CID chief Mat Zain Ibrahim in an open letter to the Inspector-General of Police Ismail Omar said the three can be charged under Section 193 of the Penal Code. (Section 193 prescribes seven years’ jail and fine for giving false evidence at judicial proceedings.)

‘Justice has to be done’


Santiago concurred with the view after consultations with his lawyers and demand police investigate the three under Section 193.

“In fact, the police don’t have to wait for a report to be lodged to launch an investigation,” he said.

He added that it has been close to two months now since the release of the RCI report and no action has been taken against the three MACC officers.

“Justice has to be done for Teoh,” said Santiago.

Teoh, 30, was found dead on July 16, 2009, on the fifth corridor of Plaza Masalam in Shah Alam after he was questioned overnight for alleged graft at the then MACC Selangor headquarters on the 14th floor.

The RCI cleared Teoh and his boss, Sri Kembangan state assemblyman Ean Yong Hian Wah, from corruption charges.

Teoh’s family has rejected the RCI’s verdict and is considering applying for a judicial review on its findings.

Monday, August 1, 2011

Beng Hock not suicidal, psychiatrist tells RCI


KUALA LUMPUR, May 10 — Teoh Beng Hock was in the lowest risk group for suicide when he entered the custody of the Malaysian Anti-Corruption Commission (MACC), a forensic psychiatrist said in his report to a royal panel investigating the DAP political aide’s death today.

Dr Paul Mullen also said in his report to the royal commission of inquiry (RCI) investigating Teoh’s death that there was no reason for Teoh to conclude that he had shamed himself or betrayed his colleagues when he was questioned by the MACC.

“In brief, it is my opinion that Teoh Beng Hock was firmly in the lowest risk group for suicide when he was taken into MACC custody,” said Dr Mullen in his report, which was provided to the press today.

“His statement (to the MACC)... does not seem to clearly implicate him, or anyone else, in offences... this is not a context which, in my experience, leads to suicide in custody... there is nothing of which I have been made aware to explain panic and distress sufficient to drive him to conclude his honour had been irreparably tarnished,” added the Australian doctor.


Dr Mullen’s report came as the RCI concluded hearing testimony from 70 witnesses today in its bid to unravel the mysterious circumstances behind Teoh’s death.

Dr Mullen was not called to give oral testimony at the inquiry.

Teoh was found dead on July 16, 2009 on the fifth-floor corridor of Plaza Masalam in Shah Alam after he was questioned overnight by MACC officers at their then-Selangor headquarters on the 14th floor.

Teoh, 30, had been the political secretary to Selangor executive councillor Ean Yong Hian Wah, who is also the Seri Kembangan assemblyman from the DAP.

The graftbusters were investigating a claim that his boss was abusing state funds.

Dr Mullen, who has been a forensic psychiatrist for three decades, said his findings were based on several documents as well as joint interviews with local government psychiatrists Dr Badi’ah Yahya and Dr Nor Hayati Ali, Teoh’s fiancée, family members, friends, boss and colleagues.

Dr Mullen’s report as well as Dr Badi’ah’s and Dr Nor Hayati’s joint report were the first psychiatric evidence about Teoh’s mysterious plunge as no psychiatrists had previously testified at the coroner’s inquest into Teoh’s death that ruled out both suicide and homicide.

MACC lawyer Datuk Seri Muhammad Shafee Abdullah suggested recently that Teoh had committed “honour suicide” to protect his boss and the DAP from being exposed as corrupt.

But Ean Yong has dismissed Shafee’s suggestion, pointing out that the MACC had cleared him of abusing state funds.

MACC headquarters investigating officer (IO) Ahmad Shafik Abdul Rahman testified recently that Ean Yong was innocent of abusing state funds as all projects in his constituency were completed in 2008.

Ahmad Shafik said he could not conduct further investigations against Ean Yong as Teoh’s testimony was crucial, adding that the public prosecutor ordered investigations to be dropped due to lack of evidence.

Dr Mullen said Teoh was in the lowest risk group for suicide when he entered MACC custody. — Picture by Boo Su-Lyn
Dr Mullen, a professor at Monash University in Australia, said suicide rates were higher among those in custody, but pointed out that Teoh was a witness who was not charged with any offence.

“There is to my knowledge no evidence about, or even reported cases of, people who have killed themselves when having witness statements taken by authorities,” said the 66-year-old expert.

“If the Commission were also to accept the claims that Teoh Beng Hock was co-operative, not showing obvious distress, and willingly chose to remain in the MACC office, this, in my opinion, would virtually exclude the chances of Teoh Beng Hock having taken his own life,” he added.

He said the statements from MACC officers painted a picture of a co-operative witness who “was so relaxed about his presence in the offices that when told he could leave, he preferred to settle down for a sleep on a sofa.”

The forensic psychiatrist also highlighted various factors that slashed Teoh’s risk of suicide.

Dr Mullen said Teoh did not have previous suicide attempts or self-harm, or a family history of suicide.

He also pointed out that Teoh was employed, had plans to get married soon, enjoyed close family ties, had a range of friends and colleagues, had not suffered a recent bereavement and had no financial or gambling problems.

“Suicide is very uncommon among those with robust social networks in the form of close family ties, a range of friends, and positive relationships at work,” said Dr Mullen.

“Teoh Beng Hock showed no evidence for a lowered mood, let alone depression, prior to being taken into custody. In fact, he appears to have been more elated than usual because of the prospect of marriage and fatherhood,” the psychiatrist added.

Teoh’s fiancée Soh Cher Wei testified yesterday that they had planned to wed in October 2009 after she discovered early July 2009 that she was pregnant.

The white-haired Dr Mullen, who obtained his PhD when he was just 22 years old, also said Teoh’s personality did not suggest any increased risk of suicide.

“Enquiries made of those interviewed suggested that Teoh Beng Hock was a well-organised, tidy man with a tendency to be perfectionalistic,” he said.

“No evidence was found, however, for dysfunctional obsessional traits, or unusual rigidity... suicide is more common among rigid, obsessional individuals when they are placed under particular forms of stress, such as being arrested and charged with serious crimes,” he added.

He did not make a conclusion on a mystery note found in Teoh’s bag, saying that it was up to the commission to decide if the document allegedly written by Teoh was indeed a suicide note.

“If the commission does not give credence to the note being a suicide note, in my opinion, this greatly reduces the probability that Teoh Beng Hock killed himself,” said the psychiatric expert.

Teoh’s sister Lee Lan insisted yesterday that her brother did not write the note.

The mystery note stirred a controversy when it surfaced after the Attorney-General’s Chambers tendered it as evidence last August — some 10 months after the start of the coroner’s inquest into Teoh’s death.

The accuracy of the note’s court translation was also disputed after official interpreter Ting Chin Kin admitted to using free online service Google Translate to do the job.

Dr Badi’ah and Dr Nor Hayati concluded in their joint report, which was provided to the press, that Teoh had “both risk factors favouring him for suicide and protective factors that reduce his likely risk for suicide.”

They said Teoh appeared to be in a “fear-inducing situation” when MACC officers searched Ean Yong’s office, but pointed out that Teoh did not have a history of depression, suicide attempts or a family history of suicide.

Dr Badi’ah has been a forensic psychiatrist since 2002, while Dr Nor Hayati is the principal investigator of the National Suicide Registry and has been a psychiatrist for 11 years.

“In my opinion, prior to entering custody, Teoh Beng Hock was in a low risk group for suicide,” said Dr Mullen.

“If he did kill himself, in my opinion, things are likely to have occurred both to undermine his psychological stability and to frighten him literally to death,” he added.

RCI chairman Tan Sri James Foong said today that all parties were to hand in their submissions by May 25.

He added that the commission has to submit its report to the Yang di-Pertuan Agong by June 24 as the June 25 deadline falls on a Saturday.

The commission, which enlisted the help of Hong Kong’s Independent Commission Against Corruption (ICAC) former chief investigator Michael Leslie Squires, had heard testimonies from forensic pathologists, chemists, MACC and police officers, MACC witnesses, Teoh’s fiancée, family members, friends, boss and colleagues.

The RCI was tasked to uncover the circumstances behind Teoh’s fatal plunge and to determine if there was any impropriety in MACC’s investigation against Ean Yong.

Among the testimonies at the RCI, which were not heard at the inquest, were by two MACC officers who said they were instructed to cover up the role of then-Selangor MACC deputy director Hishamuddin Hashim in the probe against Ean Yong.

MACC assistant superintendent Azeem Hafeez Jamaluddin had said Hishamuddin had ordered him to testify that the operation was led by Selangor MACC investigation unit head Hairul Ilham Hamzah instead.

Monday, July 18, 2011

In memory of Teoh Beng Hock


SERI KEMBANGAN: The cute little toddler played and ran about, bringing a tinge of a smile to the crowd of serious-looking adults around him.

Clad in an orange shirt, the 17-month-old Teoh Er Jia’s cheerful disposition bore a stark contrast to the tears of his family and the sombre mood of some 400 people who gathered to commemorate the anniversary of his father’s death.

Today, marked the second year of Teoh Beng Hock’s death.

Last night, a memorial function in his honour was held at the Seri Kembangan multipurpose hall, attended by Teoh’s former employer, Selangor exco Ean Yong Hian Wah and other DAP leaders.

Throughout the event, Er Jia was the centre of attention as his mother Soh Cher Wei received praises and support from the people.

At one point, the boy was seen reaching out to a photograph of Teoh, which was put beside his grandparents Teoh Leng Hwee and Cheong Siew Hwa.

Er Jia looked delighted when he was presented with a huge plush toy, shaped in a character from popular iPhone game Angry Birds, and was grabbing at the toy when presented to him on stage by DAP adviser Lim Kit Siang.

The toy supposedly represented the “angry” feelings of the people towards Teoh’s death.

Serdang MP Teo Nie Ching earlier read out a heart-wrenching letter during which Teoh’s family was seen wiping away tears as Teo “told” the deceased of the latest developments that had taken place since his death.

“Er Jia is now almost two-years-old. He is a very active child, and he looks like you. It’s been two long years since we have seen you…

“These days it’s been very difficult. You were really good at choosing a wife. Soh is very good. She doesn’t like to talk much and she always tells us she is alright, but it’s not so easy. It’s been very very painful. She is not in very good health, and Lee Lan (Teoh’s youngest sister) is always worried.

“She always tells me that if you were still here it would be good because Soh would have someone to rely on. I’m sure Soh also feels the same way,” she said.

She also said that Teoh’s brother Meng Kee was now married with a child, but “in our happiness for him, we were also sad. Why were you not here then?”

Teo added that the nation had changed much since his death.

“If you look down from heaven do you feel that Malaysia has become better or worse? Have

Malaysians come together or grown further apart from each other? I don’ know.”

Referring to last Saturday’s Bersih 2.0 rally, the MP said Teoh would have definitely been a part of it if he was still alive.

“I remember how we use to discuss about changing the country. Last Saturday, we fought through tear gas. I was the cowardly one. If you were still here, you would be among them. You would have been those brave ones who uses action, rather than words. You would have seen on that day on the faces of these Malaysians, the future of the country. Please continue to guard us from above.”

Teo also sang a song in tribute to Teoh and recited a poem while a group of actors wearing black lay down on the floor to form the word “TRUTH”.

Sister: We need closure

During her speech, Lee Lan asked why the government had still failed to help the family find closure even after two years.

“Teoh are you here with us today? We all miss you very much. Time passes, it has already been two years. It feels just like yesterday that I saw you happily holding Soh’s hand when you went with her to find a wedding dress. Everyone was so happy and were looking forward to your wedding,” she said amidst sobs.

“I want to tell you today. I want truth… please help us point to the murderer. Why did you die? We all know you have been wronged. We are waiting for some justice.

“Why is it so hard (to get to the truth)? Tell me what should I do? What have I not done?” she cried.

In a message to the family of the late Selangor customs assistant director Ahmad Sarbaini Mohamed, who also died while in MACC custody, Lee Lan said: “If you step out, I will accompany you. I will walk the entire nation with you to help fight for the truth. To tell everyone how unjust the government is. Join me as I hope I’m not alone here.”

She asked why the Royal Commission of Inquiry had yet to reveal its report. “Why do they tell us that they’re doing this for the rakyat, but all we’re hearing is just deafening silence?”

http://www.freemalaysiatoday.com/2011/07/16/in-memory-of-teoh-beng-hock-2/