From MM Online:
Teoh Beng Hock family asking for nothing more than justice, Ramkarpal tells Muhyiddin
BY OPALYN MOK
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Ramkarpal said there remained unresolved matters and questions in the years-long controversy Picture by Sayuti Zainudin |
GEORGE TOWN, July 27 — Bukit Gelugor MP Ramkarpal criticised Home Minister Tan Sri Muhyiddin Yassin today for implying that Teoh Beng Hock’s family was demanding anything more than justice for his death.
He said Muhyiddin’s remarks portrayed Teoh’s family as seeking more than what they rightfully deserved.
“This cannot be further than the truth, the civil suit has nothing to do with the criminal investigations,” he said.
He told the home minister to refrain from making more remarks of this nature.
“They are not asking for favours, they are asking for justice, and it is for the state to provide justice,” he told a press conference today after attending an event at SK Sungai Gelugor here.
Muhyiddin previously said authorities have exhausted all legal processes to investigate the death of Teoh, including forming the royal commission of inquiry (RCI) and compensating the family in their civil suit.
Muhyiddin reportedly said Teoh’s death should no longer be an issue but that his family was not satisfied despite accepting the compensation.
He added that he would leave it to the attorney general to handle the matter.
Today, Ramkarpal said the compensation from the civil suit should not be linked to the criminal investigations of the case.
“The civil suit was settled without prejudice and what that means was that it is without prejudice to ongoing criminal investigations which is still being carried out,” he said.
He said Muhyiddin’s remarks portrayed Teoh’s family as seeking more than what they rightfully deserved.
“This cannot be further than the truth, the civil suit has nothing to do with the criminal investigations,” he said.
He told the home minister to refrain from making more remarks of this nature.
“They are not asking for favours, they are asking for justice, and it is for the state to provide justice,” he told a press conference today after attending an event at SK Sungai Gelugor here.
Muhyiddin previously said authorities have exhausted all legal processes to investigate the death of Teoh, including forming the royal commission of inquiry (RCI) and compensating the family in their civil suit.
Muhyiddin reportedly said Teoh’s death should no longer be an issue but that his family was not satisfied despite accepting the compensation.
He added that he would leave it to the attorney general to handle the matter.
Today, Ramkarpal said the compensation from the civil suit should not be linked to the criminal investigations of the case.
“The civil suit was settled without prejudice and what that means was that it is without prejudice to ongoing criminal investigations which is still being carried out,” he said.
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Teoh Lee Lan shows a picture of her brother Teoh Beng Hock on her phone after a press conference in Petaling Jaya June 20, 2018 Picture by Hari Anggara |
He pointed out the Court of Appeal had in September 2014 ruled that there were elements of homicide in Teoh’s death.
The Attorney General’s Chambers (AGC) ordered a fresh investigation into the case but limited this to unlawful confinement; the family wants this to be a homicide investigation.
The Attorney General’s Chambers (AGC) ordered a fresh investigation into the case but limited this to unlawful confinement; the family wants this to be a homicide investigation.
Muhyiddin and Toonsie should both step down. Old school. No Eye Dear. Time To Go Tick Tock Tick Tock.
ReplyDeleteLKS no need to make noise, Ramkarpal is doing such a great job on behalf of his father Karpal. In fact we need Ramkarpal as minister of something or other....he is brave to speak up for Justice. Not deputy minister, no power, end up like TNC lousy mousy.
Malaysians demand Justice for TBH, who has been MURDERED, not just illegally detained or confined.
But Justice means different things to different people.
To TBH’s family and most Malaysians “Justice” in this case means death penalty.....an eye for an eye.....no wait....but a minority says justice means 20 years free food and lodging on taxpayers money.
But if we find TBH’s murderer the current law says penalty is gantung sampai mati, like Sirul and what’s his name Ashar?
But is TBH’s life is equivalent to only 20 years?......well no he was only in his 20s......we are civilised people we don’t kill people to teach people that killing is wrong.....can we remove the mandatory death sentence first then only get justice for TBH?
No wait.....we demand Justice for TBH NOW, no more delay, but no Death Penalty...ok?
Be careful what you wish for.
Both Teoh Beng Hock's murder and the enforced disappearances of Amril and Pastor Koh are legacies of Najib's 10 years of rule.
ReplyDeleteBelow emphasizes my earlier point. Starting police investigations using a lower classification of criminal code is normal, deliberate and effective. Who decided on the classification, AGC or police, does not matter, what matters is the initial classification allows swift action.
ReplyDeleteTrust Tommy Thomas. Trust our IGP.
There will be justice for TBH, as best as possible, but I fear the amount of time passed will make this job really difficult, as long as nobody present that night at the MACC office is willing to talk and no irrefutable forensic evidence is available.
QUOTE
Leave classification of cases to cops
Published on 27 Jun 2019
THE process to classify criminal cases begins when police reports are lodged. A criminal probe officially commences when an investigation paper is opened.
Police actions are recorded during initial enquiries to justify the decision, and the discretion in classifying cases is a mainstay of the spirit of separation of power within the criminal justice system.
Despite there being elements of foul play at the scene of the crime, Teoh Beng Hock’s case was “under-classified” at the outset of investigations as a sudden death report (SDR). This affected the outcome of the probe.
Even if it was classified as wrongful confinement at the material time, it would have been better than an SDR. Being a seizable offence, it would have given police the power to arrest suspects immediately.
All the suspects from the Malaysian Anti-Corruption Commission could have been arrested, remanded and interrogated, and their offices searched.
There would have been a higher probability of solving the case. Precious time was lost at this stage, and it will be difficult for police to reinvestigate now.
It must also be emphasised that over- or under-classifying cases has been part of the police craft in pursuit of collecting admissible evidence.
Under-classified cases have also become a major problem as the force grapples with escalating crime statistics.
Therefore, the problem is not in the classification of the case, but the delay in the collection of the relevant admissible evidence.
The attorney-general, although wielding the power to direct police investigations, normally does not encroach on the investigative procedures of classification.
It was never the intention of the law to fuse these roles in the criminal justice system. This allows police a free hand, based on suspicion, to use all the tools of investigation empowered to them, to collect admissible evidence without interference.
The Attorney-General’s Chambers (AGC) has always acted as the counterbalance to any possibility of abuse of police powers, including the over- or under-classifying of criminal cases.
The checks and balances of case classification lie in police procedures, of which the daily crime summary is scrutinised at the state and federal levels. These are the set channels in place, and only need to be tweaked in their overall reform.
Encouraging the AGC to encroach on this area of police discretion is detrimental to efforts to reduce the “fusion” of its and police’s powers. – June 27, 2019.
* G. Selva reads The Malaysian Insight.
UNQUOTE
Another example is the Seafield temple fireman's case. Initially it was classified as a lesser charge but later revised to murder when he died in hospital.
ReplyDeleteSimilarly the TBH case can be started as a wrongful detention case and as investigations proceed and evidence is gathered, if there is evidence of torture then more serious charges can be brought forward and if the evidence shows that the torture led to his suicide or murder then the charges can be revised again. If we jump straight to a murder investigation (just because the Appeals Court OPINES that evidence exists to suggest murder) then we are denying DUE PROCESS and merely taking a short-cut to a death penalty.
Don't be armchair policemen or lawyers.