Court date push as Beng Hock’s case remains unresolved 12 years on
Ramkarpal Singh proposes compelling AG after ‘unreasonable’ delays in prosecuting matter
Teoh Beng Hock was found dead on the fifth floor of the Plaza Masalam building in Shah Alam on July 16, 2009, after he was interviewed at the MACC office on the 14th floor of the same building into the wee hours. – Bernama pic, July 17, 2021
KUALA LUMPUR – The case of Teoh Beng Hock’s untimely death exactly 12 years ago may finally have a chance of seeing a court date, if an unprecedented attempt by his family’s lawyer to push the matter for criminal proceedings succeeds.
Speaking at a public forum to commemorate Teoh’s passing, Ramkarpal Singh said the dozen-year delay in prosecuting the case is unreasonable, especially considering the facts and circumstances.
In particular, he noted the judgment made by the Court of Appeal in the 2014 ruling that there is a likelihood that Malaysian Anti-Corruption Commission (MACC) officers may have had a role to play in his death.
He said this provides valid grounds to take the matter to court, following the lack of action and decision by the authorities to date.
“In my opinion, if the attorney-general (AG) doesn’t want to make a decision, then we may have to compel him. The question is whether this is doable or not (in court).
“But I believe in Teoh’s case, the delay on its own is reason enough. It should not be prolonged any more. So, we may take legal action through the court,” he said, urging the AG to come up with a decision, whether or not it favours Teoh’s family.
When contacted for clarification, Ramkarpal said he will share his view with Teoh’s next of kin before taking such action, and that any time frame given to the AG to come up with a decision will be decided by the family.
Speaking at a public forum to commemorate Teoh’s passing, Ramkarpal Singh said the dozen-year delay in prosecuting the case is unreasonable, especially considering the facts and circumstances.
In particular, he noted the judgment made by the Court of Appeal in the 2014 ruling that there is a likelihood that Malaysian Anti-Corruption Commission (MACC) officers may have had a role to play in his death.
He said this provides valid grounds to take the matter to court, following the lack of action and decision by the authorities to date.
“In my opinion, if the attorney-general (AG) doesn’t want to make a decision, then we may have to compel him. The question is whether this is doable or not (in court).
“But I believe in Teoh’s case, the delay on its own is reason enough. It should not be prolonged any more. So, we may take legal action through the court,” he said, urging the AG to come up with a decision, whether or not it favours Teoh’s family.
When contacted for clarification, Ramkarpal said he will share his view with Teoh’s next of kin before taking such action, and that any time frame given to the AG to come up with a decision will be decided by the family.
Ramkarpal Singh says the 12-year delay in prosecuting the case is unreasonable, especially considering its facts and circumstances. – File pic, July 17, 2021
Teoh was found dead on the fifth floor of the Plaza Masalam building in Shah Alam on July 16, 2009, after he was interviewed by MACC officers at its office on the 14th floor of the same building into the wee hours.
Teoh was then political secretary to local government, new village development and legalising of factories exco Ean Yong Hian Wah.
In 2018, the new Pakatan Harapan government agreed to look into his death, with police later reopening the investigation under wrongful confinement, but there has been no update since.
If Ramkarpal succeeds in compelling the AG via a court ruling to make a decision and push the case for a hearing, this would be unprecedented, as under the federal constitution, no parties can challenge the top federal lawyer’s discretion not to prosecute a case.
The DAP legal aid bureau chairman said the excuses given over the years that the probe is ongoing is no longer acceptable, and that continued delays will only raise suspicion that there are attempts to cover up the death.
“How can you say you are still investigating after 12 years? It doesn’t make sense. It’s not surprising that people are assuming there is a cover-up, and you can’t dismiss this possibility.”
Ramkarpal said the lack of progress in Teoh’s case is not a question of the unavailability of laws in the country to prosecute those in authority for deaths in custody, but a matter of inaction by those in power.
“We have the relevant provisions to take action against the authorities but, like in Teoh’s case, there is no action.”
Like Ramkarpal, Eliminating Deaths and Abuse in Custody Together (Edict) chairman M. Visvanathan believes the lack of action pursuant to investigations into deaths in custody is the main problem that requires fixing.
Teoh was then political secretary to local government, new village development and legalising of factories exco Ean Yong Hian Wah.
In 2018, the new Pakatan Harapan government agreed to look into his death, with police later reopening the investigation under wrongful confinement, but there has been no update since.
If Ramkarpal succeeds in compelling the AG via a court ruling to make a decision and push the case for a hearing, this would be unprecedented, as under the federal constitution, no parties can challenge the top federal lawyer’s discretion not to prosecute a case.
The DAP legal aid bureau chairman said the excuses given over the years that the probe is ongoing is no longer acceptable, and that continued delays will only raise suspicion that there are attempts to cover up the death.
“How can you say you are still investigating after 12 years? It doesn’t make sense. It’s not surprising that people are assuming there is a cover-up, and you can’t dismiss this possibility.”
Ramkarpal said the lack of progress in Teoh’s case is not a question of the unavailability of laws in the country to prosecute those in authority for deaths in custody, but a matter of inaction by those in power.
“We have the relevant provisions to take action against the authorities but, like in Teoh’s case, there is no action.”
Like Ramkarpal, Eliminating Deaths and Abuse in Custody Together (Edict) chairman M. Visvanathan believes the lack of action pursuant to investigations into deaths in custody is the main problem that requires fixing.
Edict chairman M. Visvanathan says the public’s lack of outrage at custodial deaths in Malaysia is disappointing. – The Vibes file pic, July 17, 2021
To ensure greater justice, the senior human rights lawyer proposed a beefed-up, independent coroner’s court enacted under a new law, which would give the body powers to conduct its own investigation.
He said unlike the current coroner’s court, whose powers are limited to the hearing of evidence and coming up with judgments, the proposed independent court will act more like an inquisitor, with the capacity to direct a probe.
“We need to emulate the United Kingdom and Australia, where, when there are any custodial deaths, the officers in charge will immediately be suspended, with investigations taken over by an independent body.”
Visvanathan also expressed disappointment at the lack of outrage among the public over custodial deaths, and the mentality that, once a person is arrested, he or she is already guilty.
“Those who are detained are not necessarily guilty of the offence. People are not able to grasp that principle. It’s still a work in progress.” – The Vibes, July 17, 2021
He said unlike the current coroner’s court, whose powers are limited to the hearing of evidence and coming up with judgments, the proposed independent court will act more like an inquisitor, with the capacity to direct a probe.
“We need to emulate the United Kingdom and Australia, where, when there are any custodial deaths, the officers in charge will immediately be suspended, with investigations taken over by an independent body.”
Visvanathan also expressed disappointment at the lack of outrage among the public over custodial deaths, and the mentality that, once a person is arrested, he or she is already guilty.
“Those who are detained are not necessarily guilty of the offence. People are not able to grasp that principle. It’s still a work in progress.” – The Vibes, July 17, 2021
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correction to caption in photo - t'was NOT in police custody but in MACC custody
The scandal of Beng Hock’s tragic death at the MACC headquarters in Shah Alam on July 16, 2009 is not just MACC officers “were prepared to go to great lengths to lie” but the MACC as an institution which went to great lengths to participate in a conspiracy of silence and lies to pervert the course of justice to “cover up” the actual causes and circumstances of Beng Hock’s death. [...]
Beng Hock’s death would be “in vain” if firstly, his killers remain free and unpunished; and secondly, the MACC is not held responsible and liable for his death and instead allowed to “go to great lengths” to participate in a “cover-up” of the actual causes and circumstances of Beng Hock’s death at the TBH RCI, with MACC officers telling “lies after lies” at the RCI.
I call on Malaysians to stand for justice and to make a commitment that they will not rest until the “cover-up” of Teoh Beng Hock’s criminal and senseless murder is exposed and the killers, including MACC, are brought to justice.
DAP and Pakatan Rakyat will continue to highlight the injustice of Teoh Beng Hock’s unresolved murder at MACC premises in the next meeting of Parliament.
Yet, just one lousy year after his above-mentioned speech excoriating the MACC and vowing to seek justice for TBH, Lim Kit Siang himself led DAP and Pakatan opposition leaders to the MACC office in Putrajaya today to show support for the agency against the police who have been questioning MACC officers on suspicion of leaking documents in its investigation on the state-owned fund.
Lim Kit Siang with MACC strategic communications director Rohaizad Yaakob (centre) and other opposition leaders at the MACC Office in Putrajaya, August 6, 2015. — Picture by Yusof Mat Isa
what a fCking hypocrite and traitor to Teoh Beng hock's family and his memory
and just one lousy year after his pathetic pompous speech vowing:
Beng Hock’s death would be “in vain” if firstly, his killers remain free and unpunished; and secondly, the MACC is not held responsible and liable for his death and instead allowed to “go to great lengths” to participate in a “cover-up” of the actual causes and circumstances of Beng Hock’s death at the TBH RCI, with MACC officers telling “lies after lies” at the RCI.
I call on Malaysians to stand for justice and to make a commitment that they will not rest until the “cover-up” of Teoh Beng Hock’s criminal and senseless murder is exposed and the killers, including MACC, are brought to justice.
In that flabbergasting volte-face attitude vis-a-vis the MACC, Lim Kit Siang showed his pathetic selfish opportunistic hypocrisy to the family of Teoh Beng Hock but worse, to his very own words which we had long respected but must now re-evaluate kaukau.
Lim Kit Siang broke our true-to-DAP hearts by his treachery to Teoh Beng Hock and family.
This is Circular Logik.
ReplyDeleteRamkarpal is the DAP legal aid bureau chairman, giving pro bono legal service to TBH family. So why is KT hentam-ing DAP or does he only have hatred for Father and Son?
It is MCA that should be hentam-med. They were silent when in power from 2009-2018 and from 2020 onwards.
LKS has, in mind opinion proven that he is not a principled man. Not only by his turn around vis-a-vis the MACC,but in his support for the old buffoon as PM under PH despite the enmity between the 2 old men.
ReplyDeleteI too have lost my respect for LKS
Why KT never hentam Jibby....? Only Father and Son.....?
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TBH trust flays Najib for washing hands
Published 20 Jul 2021
The Teoh Beng Hock Trust for Democracy today criticised former prime minister Najib Abdul Razak for recently defending his handling of the death of the eponymous political aide.
In a statement today, the trust's chairperson Ng Yap Hwa said Najib must take full responsibility for Teoh's death.
"Najib must take full responsibility for Teoh's (alleged) torture and....
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Jibby's cover-up RCI back in 2011....
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RCI: Teoh Beng Hock committed suicide
22 Jul 2011
The Sun
by Hemananthani Sivanandam and Pauline Wong
KUALA LUMPUR (July 21, 2011):Political aide Teoh Beng Hock was driven to suicide due to the aggressive interrogation methods used by Malaysian Anti–Corruption Commission (MACC) officers, the Royal Commission of Inquiry (RCI) concluded.
The inquiry into Teoh’s death two years ago at the Selangor MACC headquarters found that he was under great stress after continuous questioning sessions.
Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz, who released the RCI report today, said the inquiry’s finding was supported by the testimony of forensic psychiatrist Professor Paul Edward Mullen, who testified that Teoh killed himself based on his “weak character” as a result of the intense interrogation.
Together with experts Dr Badi’ah Yahya and Dr Nor Hayati Ali, they concluded that the aggressive and relentless interrogation resulted in Teoh experiencing a change in his state of mind, transforming him from being in the low–risk group for suicide into the high–risk group.
“The RCI found that the MACC officers had no reason or intention to kill Teoh,” he told a press conference at Parliament building. “Therefore, Teoh was not killed by anyone else.”
Nazri said the RCI was of the view the MACC only wanted Teoh to confess so he could be a witness. However, it found that three investigating officers involved in the case had continuously questioned Teoh, using aggressive, inappropriate methods and had, therefore, violated procedures.
The RCI named the three MACC officers as:
>> former Selangor MACC deputy director Hishamuddin Hashim;
>> investigating officer Mohd Anuar Ismail; and
>> officer Mohd Ashraf Yunus.
Nazri gave the assurance that swift action will be taken against the officers to preserve and reassure the people of the anti–graft commission’s credibility. The RCI had also proposed improvement for MACC to study and take remedial measures in various aspects.
In an immediate response, Teoh’s family said they could not accept the suicide verdict and called for a judicial review of the RCI’s findings.
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