The interpretation of "day-by-day" in the MACC Act is the main item for debate by the High Court before the ruling. Common sense will tell us that a day is 24 hours while working hour is latest till 5:30 pm for civil servants. Should the phrase "day-by-day" means 24hours non-stop till the case is finalised, then all MACC Officers should not go home at 6AM but have to stay back till the matter is completed. As that phrase is illogical to mean 24 hours a day, then it remains reasonable to layman's term of office hours from day-to-day basis. So it is confirmed that MACC bluffed the public that they obeyed the Law by interrogation of witnesses till early morning.
The Malaysian InsiderNOV 19 — Whatever the Teoh Beng Hock inquest finally concludes, one fact has already been established: The Malaysian Anti-Corruption Commission (MACC) was negligent or, at least, inept in keeping the political aide overnight as a witness.
Even before the Kuala Lumpur High Court ruled today that witnesses can only be questioned during office hours, most reasonable Malaysians found it incredulous that anti-graft investigators had subjected Teoh to sleep-depriving interrogation, which began in the evening and went right through to early hours of the morning.
Following the discovery of his body outside their Selangor headquarters and to stanch the tide of criticism which followed, the MACC argued that its officers were allowed to question witnesses overnight.
During the inquest, a couple of MACC officials conceded that they kept Teoh on a tight leash because they were under pressure to complete the probe into the misuse of state funds by a DAP state assemblyman.
There were insinuations of a possible suicide although renowned Thai pathologist Dr Pornthip Rojanasunand thought otherwise. Her testimony has resulted in Teoh's body being exhumed this weekend for another autopsy to establish the cause of his death – homicide or suicide.
But we had all long suspected that the MACC bent the law to suit their own needs in detaining Teoh, who was officially just a witness.
We suspected that the MACC paid scant attention to procedures in questioning Teoh because they usually pay scant attention to procedures.
Now we know that our hunch was spot on. The MACC had no business keeping Teoh beyond 5.30pm. He should have been allowed to go home.
Today's High Court ruling has come too late for Teoh. It has come too late for his family, fiancée and unborn child. They are deprived of a son, a husband and a father respectively.
But the ruling will ensure that other witnesses do not suffer the same fate as the political aide.
Well, if all enforcement agencies follow the law, a law that is not really a new law in the first place. MACC must itself learn to respect the law that it wants others to respect. Not to cover up its tracks like those that it seeks to ferret out in the fight against corruption.
Otherwise, what is the difference between MACC and the corrupt?
Now the balance of probability of death is shifted toward 80% homicide!!! This is very serious as it should be re-classified as homicide until evidence disproves it. As for a homicide case, even though the body remains found 6 months later could be examined for cracks and signs of fracture skull and broken bones in order to determine the cause of death. I admire her courage to speak in truth based on her expert knowledge from years of experience in the field of her work. For true justice to Teoh Beng Hock, an autopsy by Dr. Pornthip would be necessary unless her statement under oath could be accepted as evidence without further questions.
21.10.2009
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21-10-2009 SHAH ALAM: There is an 80% probability that the death of political aide Teoh Beng Hock was a homicide, said renowned Thai forensic pathologist Dr Pornthip Rojanasunand.
Testifying in the inquest into Teoh's death Wednesday, she said there was only a 20% chance that Teoh had committed suicide.
Thai pathologist Dr. Pornthip Rojanasunand
She added that marks on Teoh's neck region looked like he had been strangled manually.
"The contusion of the skin on the right side of the neck looks round, indicating it might have been caused by fingers," she added.
Counsel representing the government Tan Hock Chuan then suggested that she did not have the locus standi to arrive at her opinion.
"Since you did not conduct the post mortem or inspect the body or go to the scene of the incident and not furnished with the report and photos, is it not appropriate to form an opinion on mathematical terms that suicide is 20% and homicide 80%?" he asked.
Dr Pornthip replied she did not take sides and her work involved taking care of the rights of the dead, adding that she only based her opinions on the evidence provided.
This prompted Tan to rephrase the question by suggesting that the limitations she faced was insufficient to help Dr Pornthip to arrive at the conclusion that it was 80% homicide and 20% suicide.
"It is my field, my work and I believe in that. It is more scientific," said Dr Pornthip, adding that she did not agree with some opinions of Universiti Malaya Medical Centre's Dr Prashant Samberkar on why Teoh's death could have been a suicide.
However, she added she did not want to criticise the opinions of other forensic pathologists.
She said her opinion was based on her years of experience and not aimed at contradicting the police or other medical professionals.
Dr Pornthip, who is the director-general of Thailand's Ministry of Justices Central Institute of Forensic Science, had been invited to give her expert opinion by the Selangor state government.
She is well-known for her prowess in solving complicated homicide cases and is a celebrity of sorts in her homeland.
She is the author ofInvestigation of Corpseswhich sold 100,000 copies in Thailand, and also led a group of international forensic scientists in 2004 to identify the remains of the Asian tsunami victims.
Her life and work was narrated in a National Geographic documentary entitledCrime Scene Bangkokin 2004.
Dr Pornthip told coroner Azmil Muntapha Abas that she is willing to conduct a second post mortem on Teoh if his remains are exhumed.
She said she would be able to come up with a more concise and detailed analysis if she could examine Teoh's remains.
To a question by Gobind Singh Deo who is holding a watching brief for Teoh's family, Dr Pornthip said she would still be able to conduct the post-mortem in spite of the deceased being buried almost four months ago.
When asked if the second post mortem on Teoh's body would put her to a disadvantage, Dr Pornthip said there would not be any disadvantages but only limitations due to the decomposition which could destroy everything if a second post-mortem was prolonged.
Questioned by Malik Imtiaz Sarwar, the counsel holding a watching brief for the Selangor government, Dr Pornthip said several injuries sustained by Teoh appeared to be inconsistent with a fall from a high place, and appeared to be pre-fall injuries instead.
(Dr Pornthip had been provided with pictures of Teoh's injuries and post-mortem reports by Dr Khairul Aznam Ibrahim from the Tengku Ampuan Rahimah Hospital and by Universiti Malaya Medical Centre's Dr Prashant Samberkar).
Malik Imtiaz: Can you explain why not all the injuries were consistent with a fall from a height?
Dr Pornthip: The first is the anal injury; from the picture there's a penetrative injury at the anal region. I have never seen this type of injury in cases of fall from height.
She added that if the injury had indeed been caused by a bone protrusion, it would have come from the inside of Teoh's anus as opposed to being a penetrative injury.
Dr Pornthip also said the abrasions found on Teoh's upper right thigh also appeared like he had been beaten with a piece of wood.
There is more than one line and the direction of the force on the thigh is different from the direction of the penetrative injury to the anal region, she said.
According to Dr Pornthip, there was a need to open the skin in the area where the haemorrhage was found to determine if torture had been involved. (Both the pathologists who had conducted the post-mortem on Teoh had failed to do so.)
She added this was necessary to determine whether the haemorrhage was compatible with a fall from a height and single impact from the ground.
Dr Pornthip also said Teoh's skull fracture was not typical of a transferred injury due to a fall but was more compatible with a blunt force being directly inflicted to the head.
She said the transferred injury to the skull due to impact of the fall would typically cause a ring fracture at the base of the skull around the spinal column and not a cervical spine fracture such as that suffered by Teoh.
Dr Pornthip said Teoh, 30, was probably alive when he hit the ground but may have been unconscious before the fall.
She added this was in view of the fact that there was no reaction or defensive wounds on his ankles and wrists which would have occurred if he had been conscious.
Dr Pornthip added that these wounds would occur when a conscious person tries to break his fall which was a natural reaction when one is falling from height.
There's a possibility that he was unconscious from the manual strangulation or pain from the anal region, she said.
Teoh, the political secretary to Selangor executive councillor Ean Yong Hian Wah, had been summoned to the Malaysian Anti-Corruption Commission (MACC) office at the 14th floor of Plaza Masalam to be questioned over the irregular disbursement of state funds on July 15.
He was found dead on the fifth floor service corridor of the building the following day.
Meanwhile, the Selangor government called on the authorities to study the evidence of Dr Pornthip that Teoh's death was a probable homicide and that he could have been strangled before falling from the 14th floor of Plaza Masalam.
"Her evidence has indeed proven that the state's fear on the safety of government officials during interrogation by MACC is not totally unfounded," said Selangor Mentri Besar Tan Sri Khalid Samad in a statement Wednesday.
Given her experience, he said that Dr Pornthip's evidence could not be taken lightly.
He reiterated his government's call for a Royal Commission of Inquiry into Teoh's death instead of just looking into the interrogation methods used on him by the MACC.
SHAH ALAM, Sept 9, 2009 – Five Malaysian Anti-Corruption Commission (MACC) officers, including Mohd Ashraf Mohd Yunus, the witness in the inquest into the death of political aide Teoh Beng Hock, lodged a report at the Shah Alam police headquarters here today.
Selangor MACC director Jaafar Mahad said the officers lodged the report at 4.30pm refuting the allegation that MACC officers' had used force during interrogation.
"We are refuting the allegation that we tortured the suspect. The statement made during the inquest proceedings was ill intent and meant to mar the reputation of the MACC," he told reporters after accompanying the officers to the police headquarters to lodge the report.
In the inquest proceedings earlier today, T. Sivanesan, a witness called by the lawyer representing Teoh's family, Gobind Singh Deo, claimed that he was tortured by MACC officers during interrogation.
Teoh, 30, was found dead on the fifth floor of Plaza Masalam on July 16, after giving statement to the Selangor MACC, located on the 14th floor of the same building. – Bernama
The workforce of MACC does not comprise of only 5 MACC Officers. So the 5 MACC Officers are the good ones. Where are the other MACC Officers? Does it mean those who did not appear at the Police Station did torture the witnesses and compel them to disclose as much information as possible.
Secondly, why the Police did not investigate Sivanesan's police report last year? Now of course the injuries on the body of Sivanesan had healed. But the medical report, photos of the injuries and the boldness to testify at the inquest speaks volumes. MACC has the losing battle to fight on.
Let's see what the common people think about MACC!
written by Leong Yook Kong, September 09, 2009
Why the 5 MACC offiers waited for such a long time to lodge police report to refute or counter the allegation made by the mysterious witness, Mr. T. Sivanesan? Correct me if I am wrong. I think the mysterious witness lodged the police report some where in September 2008. This is called "a tooth for a tooth".
What Siva wanted to do is to seek justice for Teoh Beng Hock? That is the real reason, he volunteers to testify today. Siva, you are our hero. The question that strikes my mind is "Why the police did not investigate the report lodged by Siva ages ago"? If this had been done when the report was lodged, the story would had been totally different today. So, who will take the blame now? They asked for it.
written by focussed08, September 09, 2009
Hey, why only 5 officers lodge police reports. The whole department should lodge police reports to ensure a more thorough investigation could be initiated.
The whole department should lodge police departments because those who had lodged police reports most probably do not have any recorded history of actually being involved in use of force against witnesses or suspects (unless identified by the witness) but others in the department might have a history of violence towards witnesses or suspects and dare not lodge any police reports.
There is always something called peers pressure and once a "leader" starts using violence, the rest of his/her subordinates will be more inclined to follow suit in order to remain as an acceptable member of the group. Once violence is initiated, a feeding frenzy of violence will ensue as herd mentality takes over the group.
written by HJ Angus, September 10, 2009
Surely this is not the correct procedure. Otherwise anyone can lodge a police report to counteract any reported crime and there will be no use of the courts. If a police report has been made, the police should check out the facts of that report and if a false report had been lodged, action can be taken against the person.
KUALA LUMPUR, Sept 7, 2009 – As the inquest into the death of a Selangor government political aide drags on with no clear end in sight, his grieving family’s frustration is fast turning into fury.
This is especially over the latest reported remarks made by the chief commissioner of the national anti-graft body, which many believe to have had a hand in pushing him over the edge.
The family of the late Teoh Beng Hock denounced the Malaysian Anti-Corruption Commission’s (MACC) Datuk Seri Ahmad Said Hamdan for publicly insinuating that the 30-year-old political secretary had committed suicide because he “could not withstand the pressure”.
Teoh’s younger sister, Lee Lan noted that Ahmad Said had told Chinese-language daily, Sin Chew Daily, earlier this month that he had been informed of 10 cases of people jumping from buildings after being investigated by Hong Kong’s Independent Commission Against Corruption (ICAC) since its set-up.
The MACC, formed in January this year, was modelled after the ICAC.
“He also said that if people investigated could not withstand the pressure and jumped from the building, there was nothing that they (MACC) could do,” Lee Lan told The Malaysian Insider, repeating her statement to reporters last Saturday after saying prayers for her brother at the Seck Kia Eenh Temple in Malacca.
“If the MACC continues to make irresponsible remarks which cannot be substantiated with proof, we are prepared to go and see the Prime Minister again to urge him to immediately set up a comprehensive Royal Commission of Inquiry to investigate into Beng Hock’s cause of death,” she added, speaking for the rest of her family.
The family scored a meeting with Datuk Seri Najib Razak in his Putrajaya office on July 28.
“No stone will be left unturned in finding out the real cause of death and, if there is any foul play, action will definitely be taken,” the PM promised them then.
Lee Lan, who was the closest of three other siblings to Teoh, challenged Ahmad Said to answer three questions:
1. Who saw Beng Hock jump from [the] MACC building?
2. Beng Hock was classified as a witness in the investigation, what pressure would he have faced?
3. Will MACC’s interrogation method bring about pressure on the witness or suspect to cause them to jump to death?
Teoh was found dead outside the MACC’s Selangor office in Plaza Masalam, Shah Alam on July 16, the same day he was to register his marriage to his pregnant sweetheart.
He had been interrogated overnight by MACC investigators probing claims that his boss, first-term Selangor DAP state lawmaker and executive councillor Ean Yong Hian Wah, had unlawfully dipped his fingers into state funds.
The inquest will resume tomorrow after a one week break.
Ahmad Said was quoted to have said that in the history of the Independent Commission for Anti-Corruption (ICAC) of Hong Kong, there were a total of 11 suicides of suspects and that there was nothing that the ICAC could do about it.
“Although this may have been a statement of fact with respect to the ICAC, an open comment by the MACC Chief at this juncture when the inquest is on-going could be construed and perceived as suggesting that suicide might have been the cause of Teoh’s death, while the inquest has not come to any conclusive judgment,” said Koh
Ahmad Said was quoted to have said that in the history of the Independent Commission for Anti-Corruption (ICAC) of Hong Kong, there were a total of 11 suicides of suspects and that there was nothing that the ICAC could do about it.
“Although this may have been a statement of fact with respect to the ICAC, an open comment by the MACC Chief at this juncture when the inquest is on-going could be construed and perceived as suggesting that suicide might have been the cause of Teoh’s death, while the inquest has not come to any conclusive judgment,” said Tan Sri Koh Tsu Koon.
COMMENTS:
I would like MACC to elaborate on these few questions and see if the number of death under ICAC is conclusive for the death of Teoh Beng Hock!
How was the method of interrogation of HK's ICAC similar to MACC? MACC Officer Mohd Ashraf Mohd Yunushad testified there was only an interview and not interrogation. So what pressure was Ahmad Said talking about?
Knowing that there were 10 suicide cases of death under ICAC because of "pressure" from investigation, why MACC did not take precaution to safeguard the safety of Teoh Beng Hock until he left the premises???
Out of the 10 cases of death under HK's ICAC, how many cases were death at the building of ICAC and it covers the span of how many years to produce the statistic of 10 suicide cases?
How old is MACC to produce 1 death in custody of MACC?
Why there were 1 known DNA of "Male 1" on the belt of Teoh Beng Hock which has not yet been identified?
I highly suspect the DNA sampling of MACC Officers could be "switched" or "replaced" with other unknown people during the transit to the chemist lab. I strongly suggest to call for international DNA experts to extract the DNA sample from all the MACC Officers one more time in the presence of the lawyers for both parties of Teoh's family and MACC. The mystery letter still contains sufficient evidence to investigate further by independent Commission of Inquiry.
KUALA LUMPUR, Sept 7 – As the inquest into the death of a Selangor government political aide drags on with no clear end in sight, his grieving family's frustration is fast turning into fury.
This is especially over the latest reported remarks made by the chief commissioner of the national anti-graft body, which many believe to have had a hand in pushing him over the edge.
The family of the late Teoh Beng Hock denounced the Malaysian Anti-Corruption Commission's (MACC) Datuk Seri Ahmad Said Hamdan for publicly insinuating that the 30-year-old political secretary had committed suicide because he "could not withstand the pressure".
Teoh's younger sister, Lee Lan noted that Ahmad Said had told Chinese-language daily, Sin Chew Daily, earlier this month that he had been informed of 10 cases of people jumping from buildings after being investigated by Hong Kong's Independent Commission Against Corruption (ICAC) since its set-up.
The MACC, formed in January this year, was modelled after the ICAC.
"He also said that if people investigated could not withstand the pressure and jumped from the building, there was nothing that they (MACC) could do," Lee Lan told The Malaysian Insider, repeating her statement to reporters last Saturday after saying prayers for her brother at the Seck Kia Eenh Temple in Malacca.
"If the MACC continues to make irresponsible remarks which cannot be substantiated with proof, we are prepared to go and see the Prime Minister again to urge him to immediately set up a comprehensive Royal Commission of Inquiry to investigate into Beng Hock's cause of death," she added, speaking for the rest of her family.
The family scored a meeting with Datuk Seri Najib Razak in his Putrajaya office on July 28.
"No stone will be left unturned in finding out the real cause of death and, if there is any foul play, action will definitely be taken," the PM promised them then.
Lee Lan, who was the closest of three other siblings to Teoh, challenged Ahmad Said to answer three questions:
1. Who saw Beng Hock jump from [the] MACC building?
2. Beng Hock was classified as a witness in the investigation, what pressure would he have faced?
3. Will MACC's interrogation method bring about pressure on the witness or suspect to cause them to jump to death?
Teoh was found dead outside the MACC's Selangor office in Plaza Masalam, Shah Alam on July 16, the same day he was to register his marriage to his pregnant sweetheart.
He had been interrogated overnight by MACC investigators probing claims that his boss, first-term Selangor DAP state lawmaker and executive councillor Ean Yong Hian Wah, had unlawfully dipped his fingers into state funds.
The inquest will resume tomorrow after a one week break.
Ahmad Said was quoted to have said that in the history of the Independent Commission for Anti-Corruption (ICAC) of Hong Kong, there were a total of 11 suicides of suspects and that there was nothing that the ICAC could do about it.
"Although this may have been a statement of fact with respect to the ICAC, an open comment by the MACC Chief at this juncture when the inquest is on-going could be construed and perceived as suggesting that suicide might have been the cause of Teoh's death, while the inquest has not come to any conclusive judgment," said Koh
Ahmad Said was quoted to have said that in the history of the Independent Commission for Anti-Corruption (ICAC) of Hong Kong, there were a total of 11 suicides of suspects and that there was nothing that the ICAC could do about it.
"Although this may have been a statement of fact with respect to the ICAC, an open comment by the MACC Chief at this juncture when the inquest is on-going could be construed and perceived as suggesting that suicide might have been the cause of Teoh's death, while the inquest has not come to any conclusive judgment," said Tan Sri Koh Tsu Koon.
COMMENTS:
I would like MACC to elaborate on these few questions and see if the number of death under ICAC is conclusive for the death of Teoh Beng Hock!
How was the method of interrogation of HK's ICAC similar to MACC? MACC Officer Mohd Ashraf Mohd Yunus had testified there was only an interview and not interrogation. So what pressure was Ahmad Said talking about?
Knowing that there were 10 suicide cases of death under ICAC because of "pressure" from investigation, why MACC did not take precaution to safeguard the safety of Teoh Beng Hock until he left the premises???
Out of the 10 cases of death under HK's ICAC, how many cases were death at the building of ICAC and it covers the span of how many years to produce the statistic of 10 suicide cases?
How old is MACC to produce 1 death in custody of MACC?
Why there were 1 known DNA of "Male 1" on the belt of Teoh Beng Hock which has not yet been identified?
I highly suspect the DNA sampling of MACC Officers could be "switched" or "replaced" with other unknown people during the transit to the chemist lab. I strongly suggest to call for international DNA experts to extract the DNA sample from all the MACC Officers one more time in the presence of the lawyers for both parties of Teoh's family and MACC. The mystery letter still contains sufficient evidence to investigate further by independent Commission of Inquiry.
SHAH ALAM AUG 28, 2009: The inquest into the death of political aide Teoh Beng Hock heard of alleged torture of witnesses by MACC officers at the 14th floor of Plaza Masalam here.
Gobind Singh Deo, who is holding a watching brief for Teoh Beng Hock's family, told coroner Azmil Muntapha Abas on Friday that he had before him a police report which detailed how witnesses and suspects were allegedly tortured during interrogation.
He claimed that among the forms of abuse listed in the report were repeated slapping to the face, blindfolding, asking the witness to strip, wrapping a steel rod with a newspaper and using it to hit stomach, arms and legs.
Gobind also told Azmil that he would bring a witness who had been subjected to torture and abuse during interrogation by MACC.
"The witness will identify the MACC officer involved. However, I cannot reveal the name of the witness for now because for security reasons," he added.
The revelation came about when Gobind was questioning the inquest's 19th witness - Selangor MACC officer Mohd Ashraf Mohd Yunus, 25.
Below is an account of the inquest on Friday as they unfolded.
12:29pm:Court adjourns to Sept 8.
12:25pm:Coroner tells Gobind to not stretch the report outdated ones. Gobind can test his theory before the coroner but he needs to limit it to one report.
11:42am:Ashraf tells the court that he did not hear any shouting. Gobind thunders, "So, who is lying? Bulkani or you?" Razak gets up to object.
11:41am:Coroner tells Gobind not to repeat the suggestion.
11:40am:Gobind suggests to Ashraf that he stayed back at MACC office until 5am to torture Teoh. Before Ashraf can answer, Razak gets up to object.
11:35am:Ashraf says his orders come from his superior, Hairul Ilham Hamzah. Hairul Ilham gets his orders from operations deputy director Hishamuddin Hashim.
11:33am:Gobind resumes questioning Ashraf.
11:27am:Coroner says the court proceedings are recorded and available for viewing on the Attorney-General's website. "I don't see how the court can stop (halang) anyone who wants to make comments outside courtroom. The statements made inside the courtroom are what matters. It is people's opinions versus other people's opinions. If you want to see what happens inside court, you can see the recording on the website. We are dealing with many theories here. We limit ourselves to what happens here (courtroom). What happens outside is beyond our control."
11:24am:Gobind says if Razak had followed the agreement and confined questioning to the four documents from Teoh's laptop, press conferences like what Ean Yong had given would not happen. Gobind says Ean Yong was forced to give the press conference to defend himself and DAP after Razak made the allegations against DAP.
11:18am:Datuk Abdul Razak Musa, representing MACC, tells coroner that the inquest has been politicised with press conferences held outside courtroom. For instance on Wednesday, Ean Yong gave a press conference and commented on the case after court proceedings ended.
11:17am:Coroner's court resumes.
10:37am:Gobind asks for a short break. Court in recess.
10:35am:Ashraf say that he did not see anyone while on his way to the pantry to get water for Teoh. There was also no one in the pantry.
10:30am:Gobind suggests that in that two hours, Ashraf had the opportunity to use force on Teoh. Ashraf disagrees.
10:24am:Gobind: You were asked to shake him up, to break him down.
Ashraf pauses momentarily. He then answers, "It is like to ask a person until you get a correct answer."
10:15am:Ashraf received the order to interview Teoh at 9.40pm on July 15.
10:05am:Ashraf maintains that he did not question Teoh.
Gobind: You didn't ask him? Not a question at all?
Ashraf: No.
Gobind: Then, who reported back to Hairul Ilham?
Ashraf: Arman Alies.
Gobind: You earlier said you reported back to Hairul Ilham. Are you lying?
Ashraf: I was with Arman when he reported to Hairul Ilham.
10:01am:Gobind asks, "But you said Teoh couldn't answer questions. Wouldn't questioning him be an interrogation?" Ashraf said the questions came from Arman Alies and not him. The questions were regarding claim vouchers by Teoh's boss, Selangot exco Ean Yong Hian Wah.
10:00am:Ashraf says he did not "interrogate" Teoh. He merely "interviewed" Teoh in the meeting room.
09:57am:To a question, Ashraf tells court he has never heard of the word "oppression".
09:54am:Among the investigation techniques Ashraf has learnt is how to mark investigation papers, how to compile witness statement according to significance and flow. However, he told Gobind that he was not taught interrogation techniques on witnesses.
09:51am:Ashraf said before joining the MACC, he had a six-month stint at Pulapol (police training centre) in Ayer Itam.
09:49am:Gobind Singh Deo, representing Teoh's family, is questioning Ashraf.
09:46am:Ashraf says he last saw Teoh when he gave Teoh the glass of water. He did not see anyone with Teoh at the couch when he gave water to Teoh.
09:45am:Ashraf's image recorded on CCTV leaving MACC office through lobby at 5.12am.
09:42am:Ashraf left MACC office at 5.06am, July 16. He clocked out with his punch card when he left.
09:40am:Ashraf got out of his room and saw Teoh on the couch. He did not speak to Teoh. Teoh had asked for water. Ashraf took a glass of water from the pantry and brought it to Teoh.
09:35am:Ashraf saw Teoh lying on the couch in the waiting area (ruang tamu) of the investigation division at 4.45am on July 16.
09:29am:Ashraf tells coroner's court the interview, conducted with another MACC officer Arman Alies, lasted from 10.40pm to 12.40am on July 16 in MACC office at Plaza Masalam. He said Teoh was generally co-operative although there were a few questions he could not answer.
09:25am:Tan Hock Chuan, acting for the Attorney-General, is questioning Ashraf. Ashraf said he received orders from superior Hairul Ilham Hamzah, to assist investigating officer Mohd Anuar Ismail to interview a witness, Teoh Beng Hock.
09:23am:19th witness, Mohd Ashraf Mohd Yunus, 25, a Selangor Malaysian Anti-Corruption Commission officer, takes the stand.
Why Mohd Ashraf Mohd Yunus only left MACC office at 5:12am on July 16, 2009 when the interrogation was said to be over at 12:40am or Teoh was allegedly discharged at 3:45a.m.??? Why he stayed behind till 5:12am if the recorded statement was already signed by Teoh at 3:45am??? There is something irreconcilable in term of the task assigned to him; I doubt he was the person typing the statement or he have to assist other officers unless it was meant to torture whoever witnesses at MACC on rotation basis! Mr. Gobind should grill the MACC Officers for reasons as why they stayed behind if the interrogation was allegedly over at 3:45am!
SHAH ALAM, Aug 27 – An anti-graft officer today appeared to contradict the testimony of his colleague who said earlier that Teoh Beng Hock had an argument with Kajang Councillor Tan Boon Wah at the Selangor Malaysian Anti-Corruption Commission (MACC) office.
Assistant enforcement officer Mohd Najeib Ahmad Walad, who was at the MACC headquarters till 2.30am, said he did not hear any fight.
SHAH ALAM 27-8-2009:A Selangor Malaysian Anti-Corruption Commission (MACC) assistant enforcement officer told the Teoh Beng Hock inquest he did not hear the sound of people bickering coming from his office toilet in the wee hours of July 16.
Mohd Najeib Ahmad Walad also testified he was at the state MACC office until 2.30am on that day and added the atmosphere there had been calm.
Mohd Najeib's testimony appeared to contradict his superior officer Mohd Nasir Ismail's testimony on Wednesday.
Mohd Nasir, who is the investigating officer of the case involving Teoh, had testified his colleague Bulkini Paharudin told him the deceased had had an argument with Kajang Municipal Council councilor Tan Boon Hwa on July 16.
Mohd Nasir had told coroner Azmil Muntapha Abas that Bulkini had told him the bickering had allegedly taken place in the MACC's men's room at 2.00am that day.
When cross-examined by counsel Gobind Singh Deo, who's holding a watching brief for Teohs family, Mohd Najeib said he would have run away if he had heard an argument taking place.
Below is an account of the developments as they unfolded.
04:00pmCourt adjourns to 8.30am Friday.
03:47pm:Mohd Najeib disagrees with Gobind that MACC officers work in teams to interrogate a witness. For example six to seven officers questioning one witness and the same time.
03:44pm:Datuk Abdul Razak Musa, representing MACC, objects, saying Gobind's questions are irrelevant.
03:36pm:To a question, Mohd Najeib says he did not hear any shouting or any sound of people arguing as he was leaving the office at about 2.30am.
03:20pm:Mohd Najeib says Teoh insisted on driving his own car to the MACC office with his laptop and CPU. He says his superior Mohd Anuar Ismail had earlier asked Teoh to go in the MACC vehicle.
03:10pmGobind Singh Deo, representing Teoh's family, questions Mohd Najeib.
03:08pm:Mohd Najeib says he printed out four documents from Teoh's laptop. The four documents were marked as exhibits.
02:57pm:Mohd Najeib says Teoh had insisted on holding on to the laptop and CPU, seized by MACC, during the ride to Plaza Masaalam.
02:40pm:Mohd Najeib says he was one of the five MACC officers who met Teoh at the state secretariat building. The MACC team was investigating the state fund disbursement, he says.
02:30pm:18th witness Mohd Najeib Ahmad Walad, 29, Selangor MACC officer, takes the stand. Tan Hock Chuan, acting for Attorney-General is questioning him.
02:27pm:Coroner's Court starts.
COMMENTS
Mohd Najeib's testimony appeared to contradict his superior officer Mohd Anuar Ismail's testimony on Wednesday."
Apparently some MACC Officers are lying under oath as how could the testimony contradicts with each other? Something very fishy must be going inside MACC premises. If the senior MACC Officer is lying under oath, he is not fit to be a MACC Officer as the public lost confidence on such officer. How could such insincere officers be trusted to do a good job for MACC?
27-8-2009 Tan denies arguing with Teoh, calls it 'fabrication' Kajang councillor Tan Boon Wah has denied having an argument with DAP political aide Teoh Beng Hock prior to the latter's death. Source: http://malaysiakini.com/news/111543
COMMENTS The motive of MACC is to divert the blame to Mr. Tan Boon Wah and exonerate themselves from the responsibility of Teoh's sudden death. MACC IO Mohd Anuar could have been directed to testify in a predetermined manner. But the wisdom of the public and cross-examiners must be exercised to adduce truth from the sincere MACC Officers and exposed the lies of the corrupted MACC Officers, collaborators and their fabricated stories. There are some good and conscientious MACC Officers. Leave no stones unturned in MACC who are dealing with the investigation of Teoh. Prayerfully God shall use the conscientious MACC Officers to reveal the root cause of the death of Teoh. Truth prevails and falsehood shall be exposed!
Comments by readers of Malaysiakini
Bosco Philip Anthony: The evidence given by Anuar has no value. It is hearsay evidence. Because he says," He was informed" of what happened in the toilet. This is an inquest into a death. The hearsay evidence should be discarded. Loyal Malaysian: The dead have no voice! So, Beng Hock had an argument with Tan. What are you trying to say? Still trying to hoodwink the public that Beng Hock was released from MACC custody at 3.45am? Why was his handphone still in MACC's hands 2 days after his death?
Myop101: Someone should actually ask this officer, what are they arguing about and how did he ascertain they were arguing? He should be aware, some Chinese from certain dialect clans do talk loud, sounding as though they're arguing. What more in the toilet, due to echoes, sound resonates louder. It seems like he is trying to imply that there is some sort of conspiracy going round.
Lucia:What? Is MACC now trying to shift the blame to Tan? What other devious ways are they going to try to escape from the blame of Teoh's death? Anyway, I don't believe at all that no force was used on Teoh during the interrogation!
Louis: "Asked about the MACC operating round-the-clock, Mohd Anuar explained that this was necessary because some witnesses who worked during the day would ask to have their statements recorded at night so as not to disrupt their work". That was the most hypocritical statement as far as Teoh was concerned. Who the hell in the world would subject himself to questioning for the whole night and then goes to work the next day?
SHAH ALAM, Aug 25 — Magistrate Azmil Muntapha Abas, who is acting as coroner in the inquest of political aide Teoh Beng Hock, today ordered the police to probe four accounting documents found by anti-graft officers and said to be related to the cause of his death.
He also ordered the police investigating officer, ASP Ahmad Nazri Zainal, to record the statement from Selangor MACC investigator, Mohd Anuar Ismail, who was appointed to head the team.
The Malaysian Anti-Corruption Commission (MACC) legal affairs director, Datuk Abdul Razak Musa, who is holding a watching brief for the national anti-graft body, asked Azmil to give the order when the inquest resumed after a one-hour lunch break.
Abdul Razak drew the coroner's attention to four documents, said to have been printed out from Teoh's laptop, which show a discrepancy in monetary claims made by Teoh's boss, first-term DAP Selangor executive councillor, Ean Yong Hian Wah.
Teoh was the political secretary to Ean Yong and responsible for overseeing the assemblyman's claims from state funds.
The coroner's court was told each state lawmaker is entitled to half a million ringgit a year from the state's central fund.
Mohd Anuar had also earlier told the coroner that Teoh was its star witness.
The 30-year-old's body was found sprawled on a 5th-floor landing outside the Selangor MACC office at Plaza Masalam here on July 16, the day he was to register his marriage to his pregnant fiancee after close to 10 hours of overnight questioning.
Lawyer Gobind Singh Deo said Ean Yong should be represented in the hearing from this point onwards because the line of questioning would be focused on his involvement into the alleged abuse of state funds.
Gobind, acting for Teoh's family, said he had spoken to Ean Yong during lunch break and the latter said he had "no problems" explaining the accounts but needed to arm himself with a lawyer in the inquest.
The inquest is postponed to tomorrow morning with the MACC officer who had recorded Teoh's last statement, Mohd Nadzri Ibrahim, to step into the witness box.
Today's inquest was a heated affair.
The day's sole witness, Mohd Anuar, a soft-spoken MACC man, visibly quaked under the boiler-room pressure of Gobind's questioning, prompting Abdul Razak to jump to his feet many times in protest.
At one point, the MACC lawyer even said the inquest had turned into a "kangaroo court".
Abdul Razak pointed out that Gobind's grilling of Mohd Anuar over the MACC's interrogation tactics was not relevant to helping the coroner learn how Teoh died.
But Gobind seemed pleased with the result of today's hearing.
Speaking to reporters after the inquest, he stressed that the pattern of Mohd Anuar's testimony from the witness box "were consistent with somebody having something to hide."
"If you look at what he said, if he had been directed not to report, he would not, despite the law requiring him to do so," Gobind added, referring to the MACC man's admission, under questioning that he had
been "ordered" by the deputy director of Selangor MACC, Hishamuddin Hashim, to wait one day before reporting Teoh's death to the police.
Mohd Anuar told the coroner's court he had received a phone call from a fellow MACC officer asking him to head straight down to the 5th-floor landing of Plaza Masalam here, which also houses the anti-corruption body's offices, where he had saw Teoh lying dead at about 2pm.
He said he alerted Hishamuddin but was instead whisked away with the Selangor MACC No.2 and the investigations unit chief to the MACC headquarters in Putrajaya without reporting the incident to the police.
The trio returned only about 5.30pm that day, after police arrived at the death scene.
"Why did you not call the police? Your man, your star witness is dead! Why didn't you lodge a police report?" Gobind pressed.
Mohd Anuar's answers — "On that day, I panicked because I saw a dead body"; "There were many people there" — raised the lawyer's ire.
"My God! What is wrong with you?" Gobind swore.
He made Mohd Anuar read out loud Section 329 of the Criminal Procedure Code (CPC), which deals with the duty of a police officer to investigate deaths.
Mohd Anuar, a practising lawyer until 2004 when he went for training at a police college in Kuala Kubu Baru before joining the MACC as an investigator, reluctantly picked up the law book handed over by Gobind and raised his quavering voice to read:
"Every officer in charge of a police station on receiving information –
(a) that a person has committed suicide;
(b) that a person has been killed by another, or by an animal, or by
machinery, or by an accident;
(c) that a person has died under circumstances raising a reasonable
suspicion that some other person has committed an offence;
(d) that the body of a dead person has been found, and it is not known
how he came by his death; or
(e) that a person has died a sudden death; shall with the least practical delay transmit such information to the officer in charge of the police district."
Gobind echoed his last sentence, placing great stress on the words "with the least practical delay".
Throwing Mohd Anuar a photo file showing Teoh's dead body, Gobind pushed the witness to answer: "Did it not eat into your conscience?
Your main witness was lying outside your office and you sit there and tell me you didn't lodge a police report."
It appeared to be the finishing blow. In a defeated voice, Mohd Anuar said: "Ya."
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