Comments on Day 16 (Friday) Teoh Inquest: Court hears about police report alleging 'torture' by MACC. Mohd Ashraf Mohd Yunus, MACC Officer denied that he was interrogating but merely interviewing Teoh

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12:25pm: Coroner tells Gobind to not stretch the report outdated ones.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.

09:20am: Day 16 of inquest begins

More details at: http://thestar.com.my/news/story.asp?file=/2009/8/28/nation/20090828092401&sec=nation

 

QUESTIONS

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!

 

Comments on Teoh’s inquest Day 15: Mohd Najeib says he didn't hear any shouting that night

By courtesy of MalaysianInsider http://www.themalaysianinsider.com/index.php/malaysia/36170-macc-officer-says-he-did-not-hear-fight

MACC Officer says he did not hear fight

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.

By courtesy of TheStar http://thestar.com.my/news/story.asp?file=/2009/8/27/nation/20090827142330&sec=nation

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.

04:00pm Court 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.

03:10pm Gobind 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?

REFLECTION

By courtesy of Malaysianinsider http://www.themalaysianinsider.com/index.php/malaysia/36001-court-orders-probe-into-dap-mans-accounts-

Court orders probe into DAP man's accounts

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."

Comments on Last MACC man to see Teoh alive is identified

By courtesy of http://www.malaysianinsider.com/index.php/malaysia/35930-last-macc-man-to-see-teoh-alive-is-identified

SHAH ALAM, Aug 24 — The last man to see DAP political aide Teoh Beng Hock alive was graft buster Raymond Nion son of John Timban, a Selangor MACC man told the coroner's court today.

The investigating officer from the Malaysian Anti-Corruption Commission's (MACC) Selangor branch, Mohd Anuar Ismail, is the 16th person to step into the witness stand in the ongoing inquiry to learn how Teoh died.

Mohd Anuar told the coroner's court he only learned later that Raymond supposedly saw Teoh sleeping on a sofa in the MACC office on the 14th floor of Plaza Masalam here as he himself was sleeping in a different room at the same time.

He added that another fellow officer, Mohd Ashraf Mohd Yunus, was the last to speak to Teoh.

"After the incident of Mr Teoh Beng Hock's death, I was informed that at about 5am, he had called Mr Ashraf to ask for a drink and at about 6am, an officer named Mr Raymond had seen Mr Teoh Beng Hock still sleeping on a sofa," the MACC IO replied when quizzed by lawyer Tan Hock Chuan.

Tan is a former deputy public prosecutor who was asked by the Attorney-General to help the coroner in the inquest.

Mohd Anuar also said Teoh, who was found dead on a 5th-floor landing at the MACC Selangor branch on July 16, had been questioned overnight as the main witness into claims that Selangor DAP assemblymen were misusing state funds.

The soft-spoken MACC IO denied that any "force" or "threats" had been used on Teoh during the interrogation.

He noted that two officers who had interviewed Teoh, Arman Alies and Mohd Ashraf Mohd Yunus, had later told him Teoh did not answer several questions on certain "documents" and his laptop but the officer who recorded the deceased's statement, Mohd Nadzri Ibrahim, said there were "no problems"with Teoh.

Mohd Anuar also told the coroner that he had found Teoh's bag, a dark-coloured slingbag, left behind on a sofa in the MACC Selangor office when he finally woke up at 8.30am on July 16, after Teoh was said to have been "released" from questioning.

He said he remembered seeing Teoh carry in the bag when he entered the building the previous day at about 6-plus in the evening but failed to identify the bag when pressed by Tan, who referred him to a photograph.

He had checked with several MACC workers, from fellow investigators including the head of the investigations unit, Hairul Idham Hamzah to the telephone operator to see if Teoh was still in the building, but failed to get a positive answer.

Mohd Anuar told the coroner his next sight of Teoh was after the political aide's death, when he had received an emergency phone call from fellow officer, assistant enforcer Mohd Redzuan Mohamad, who told to go down to the 5th-floor "immediately".

The IO had previously testified that he had been called back to the MACC office by Hairul Idham about midnight on July 16 after leaving at 8.30pm the day before.

However, he himself was not involved directly in the interrogation process despite being the IO, he said in reply to Tan's pointed remark, explaining that officers carried out their jobs based on orders given from a senior officer.

He told the inquest that he had spent most of the hours between midnight and 9am sleeping: first on a sofa, then moving to the surau next to the toilet until about 3am when he was woken up by Mohd Nadzri Ibrahim who told him he had finished recording Teoh's statements.

He instructed Mohd Nadzri to tell Teoh to go home and return the next day to hand over certain "documents".

At 5am, Mohd Anuar moved to the main visitor's room in the front of the office, where he slept with an MACC security guard, Mohammed Khairuddin Denan until 8.30am.

Yet, Mohd Anuar told the court he did not contact Teoh the next morning to follow-up on the "documents" related to the MACC's investigations on the abuse of state funds when Tan probed.

Tan: As the IO, if someone does not bring the documents, do you call up the next day to ask him to bring the documents? Did you telephone Mr Teoh?

Mohd Anuar: No.

Tan: Did you ask any other officer to telephone Mr Teoh?

Mohd Anuar: No.

Tan's eyebrows shot all the way to his hairline when he learnt that Mohd Anuar had not gone home from July 16 until July 18.

The latter's punch card showed he last clocked in on July 15 at 8.22am without ever clocking out, even though he admitted he had left the building at 8.30pm the same day to go home.

Tan: Is it a normal thing for the MACC?

Mohd Anuar: It's a normal thing.

The MACC's legal affairs director, Datuk Abdul Razak Musa, today offered again to supply the coroner with the recorded statement taken from Teoh before his death, which he said may be relevant to show his mental state.

But lawyer Gobind Singh Deo, acting for Teoh's family, pointed out that the recorded statement was only an "interpretation" from the MACC and could not be said to fully "reflect" Teoh's mind when he was no longer alive to prove the truth of the recording.

Malik Imtiaz Sarwar, the lawyer for the Selangor government, was equally cautious for the coroner to accept wholeheartedly the recorded statement.

"We have to study the statement first as we have just received it today. Our main concern is whether it is inded Teoh's statement," he told The Malaysian Insider.

Speaking to reporters after the inquest, Abdul Razak admitted the statement was not a video or audio recording but merely a written record of Teoh's conversation with the MACC officers.

Magistrate Azmil Muntapha Abas, who is acting as coroner, noted that the recording may still show relevance. He said he would decide tomorrow.

COMMENTS

Why should Teoh be considered to be discharged by MACC when his hand phone and slingbag was still in the building???

As the slingbag was allegedly found at 8:30am, it means Teoh was dead between 6am and 8:30am on July 16, 2009. The story that Teoh was sleeping on sofa in MACC is very hard to believe. As this is first in record that a witness is allowed to sleep in MACC building! Secondly, it is illogical that for MACC to say that night interrogation does not interfere with the work of the witness when the IO himself slept through the night.

The recorded statement of Teoh could be doctored as MACC had the specimen of the signature of Teoh. The specialists may be required to identify the signature on the recorded statement. Are all the pages signed by Teoh? If the only last page is signed, there is possibility to insert more pages which Teoh did not utter at all.

Now Tan Boon Wah Kajang Municipal Councillor was called to MACC almost the same time as Teoh. Why Teoh could be "discharged" at 3:45am while Tan was released in the afternoon after signing the recorded statement??? 

Archive News http://www.thenutgraph.com/tan-boon-wah-sues-macc-for-illegal-detention

Tan Boon Wah sues MACC for illegal detention

22 Jul 09 : 4.07PM

KUALA LUMPUR, 22 July 2009: Kajang Municipal Councillor Tan Boon Wah today sued the Malaysian Anti-Corruption Commission (MACC) and two others for allegedly detaining and interrogating him in an unlawful manner last week.

Tan, 39, filed his writ of summons through Messrs Karpal Singh & Co at the registration office of the High Court Appellate and Special Powers Division here at 12:30 pm.

In his writ of summons, Tan, as the plaintiff, named MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan, Assistant Superintendent Mohammad Hassan Zulkifli, and the MACC as the three defendants.

In his supporting affidavit, the plaintiff claimed that on 15 July, he was taken out of his house by officers of the third defendant to the MACC headquarters in Shah Alam for interrogation at 8:30 pm.

"I was only released at 1:35 pm on the following day, 16 July. This was after I was given an order for interrogation as a witness on 20 July at 10am," said the plaintiff in his affidavit.

"I had been detained unlawfully by the MACC officers. I had stated that I could not, from the legal aspect, be interrogated after government office hours, that is, from 8:30am until 5pm daily, as provided under Section 30(1)(a) of the MACC Act," the plaintiff said.

Subsequently, the plaintiff claimed the move was an unlawful detention, which resulted in him suffering losses and damages.

Through the writ of summons, the plaintiff demanded a court declaration that the defendants, who were investigating under Section 30(1)(a) of the MACC Act 2009, could only record statements from the plaintiff as a witness during office hours only, that is from 8:30am until 5:30pm.

The plaintiff also demanded a declaration order that all the defendants had acted against the provision of Section 30 (3)(a) of the Act, damages for unlawful detention, costs and other reliefs from the court.

Tan is one of several people who were called up by the MACC to give statements in investigations on alleged misappropriation of the Selangor state allocation.

A political aide to one of the Selangor state executive councillors, Teoh Beng Hock, who was called up for interrogation by the MACC at its headquarters on the 14th floor of Plaza Masalam, Shah Alam, was found dead on the fifth floor of the building on 16 July. — Bernama

Comments

Nicholas Aw Posted: 23 Jul 09 : 1.48PM

Good for you Tan Boon Wah. The MACC should be taught a lesson. I don't deny that there are some very dedicated officers but generally the MACC is a big bully legally sanctioned by the BN government.

They investigate selectively [...] and they act as if they are God. They allow people like Lingam, Khir Toyo and Zakaria Darus to walk about freely; the latter in the next world, and yet go all out to investigate Teoh Beng Hock, Tan Boon Wah and other opposition politicians.

COMMENTS

MACC is believed to be reporting directly to Najib PM Office and not to the Parliament. There is no check and balance in MACC. All MACC Officers must declare their assets online. Before these officers are qualified to investigate corruption cases, they themselves must be legally clean and transparent.

"Before you judge others, remove the plank from your own eyes then you may be able to remove the speck from other people's eyes." If these MACC Officers are corrupted themselves, then how could they remove the 'speck' from the public and private sectors???

Comments on Ean Yong slams the MACC for shoddy investigation

By courtesy of http://www.themalaysianinsider.com/index.php/malaysia/36098-ean-yong-slams-the-macc-for-shoddy-investigation-

SHAH ALAM, Aug 26 - Ean Yong Hian Wah today slammed the Malaysian Anti-Corruption Commission (MACC) for not doing their homework before making unsubstantiated graft claims at the Teoh Beng Hock inquest today

During a press conference today, Ean Yong gave reporters folders containing documents as well as before and after pictures of small projects carried out at his constituency which he claims proved the allegations raised by the MACC were unfounded.

The Selangor executive councillor said the documents and pictures are kept at the District Office.

The Selangor DAP chairman pointed out the MACC had raided the District Office and had seized all documents related to how he spent his state allocation for small projects at his Sri Kembangan Constituency.

According to him, the MACC had tendered in the coroner's court today four claims and quotation documents which were unsigned and not stamped, purportedly obtained from Teoh's computer.

"I have never seen these documents before and they may have been drafts."

Ean Yong said MACC senior enforcement officer Mohd Anuar Ismail had earlier testified that their  investigations revealed the work was never carried out by the contractors involved.

The two claims are from Syarikat Aris and Fizami Construction while the quotations are from MKMN Enterprise and MA Bina Melor Enterprise.

"My lawyer Salim Basir had showed the same pictures, quotation and actual claims to Mohd Anuar during the inquest and he had admitted that he had never set eyes on the documents before."

According to Ean Yong, upon being shown the evidence Mohd Anuar had to agree and admit to the coroner that the projects were actually completed.

"I want to ask MACC if they are really carrying out a serious, fair and professional investigation," he said.

"Mohd Anuar, as the investigating officer, should have checked all the documents and pictures before making false allegations in the inquest."

"This clearly shows that the MACC has a political agenda and are not only refusing to take responsibility for Teoh's death but are attempting to tarnish the image of the DAP and Pakatan Rakyat."

 

COMMENTS

Mohd Anuar was the IO who was sleeping while Teoh was under interrogation. Or could it be that he was not the IO of the case at all but a last minute arrangement to conceal the identity of the real IO.  He dared to admit that he was sleeping while on duty. He said that MACC office was open for 24 hours!!! Let him prove it by punch-card evidence. He also dared to admit that "he had never set eyes on the documents before" as an IO but simply accused that the project was not completed at all. Why should MACC retain such kind of IO in office???

On 26-8-2009 11:22am: Anuar explains to the court the reason why MACC conducts night interrogation. He says in some investigations, witnesses who hold day jobs choose to be interrogated at night so it will not interfere with their work. Some witnesses choose not to be seen at MACC building for their own reasons so they choose night time to record their statement with MACC. Anuar adds the MACC office is open 24 hours.

Source: http://thestar.com.my/news/story.asp?file=/2009/8/26/nation/20090826092938&sec=nation

Comments on PAS maintains Chinese support, Umno race tactics a flop

By courtesy of http://www.themalaysianinsider.com/index.php/malaysia/36047-pas-maintains-chinese-support-umno-race-tactics-a-flop

BUKIT MERTAJAM, Aug 26 — If the Permatang Pasir by-election was to gauge the effectiveness of Umno's communal politicking, the results point to only one conclusion: failure.

Mohd Salleh Man, PAS Penang commissioner, beat Rohaizat Othman, the scandal-hit Barisan Nasional (BN) candidate, with a majority of 4,551. The former garnered 9,618 votes against the latter's 5,067.

PAS won in all Chinese dominated areas throughout the state constituency. From the suburbs of Sama Gagah and Cross Street to the semi-rural town of Permatang Pauh, the Islamist party thumped their Umno rivals with big majorities.

COMMENTS

I am of the opinion that the voters are mature and justice-loving people. The candidate of the party plays an important role as the reputation of the candidate shall either tarnish or uphold him in the election. Bad reputation cannot win nor reduce the majority of PAS to a greater extent. Some voters are basically seeking justice for TBH and angry with the corruption of top authorities in the country. Who has the authority to investigate the top ranking officers in MACC? Where is the check and balance for MACC that they will not abuse the powers entrusted to them? Why no investigation conducted into the alleged corruption of the Selangor MACC deputy director Hishamuddin Hashim? Voters are fed up with the corruption of the authorities from top posts and there seems no control over it in the present setup.

The issue of bias treatment of races in the country is against any religious teachings that all men and women are created equal. God gives rain and sunshine to both good and evil people equally, that is truly a just God. So any followers who preach and practise injustice, corruption, abuse of powers, anti-racial, inequality and other malpractices, are anti-God. The reward for anti-God is sure failure to win in the election!

written by antubiul, August 26, 2009

Voters are smart, PAS has to win otherwise there be one less bumi representative in the state goverment if UMNO won the opposition will increase their seat, I rather vote PAS. It better to be in the Goverment rather than the opposition.

written by swipenter, August 26, 2009

It just goes to show that multi racial politics maybe replacing racial politics. The harder the racial rhetorics by Utusan and BH and esp the DPM the more turned off would the non malays of Umno/BN. However if those ultras in the likes of Hadi, Nash, Hassan Ali and gang in PAS keep coming up and dealing with issues the orthodox way, PAS can't hope to always have the goodwill and trust of the non malays and moderates muslims. PAS please stop telling us that "this cannot, that cannot" eg MLTR concert. How corruptible is MLTR? BY any stretch of imagination they are just a band good at singing commercial love ballads to their fans.

written by focussed08, August 26, 2009

Neither has BN changed its racial tones and racist actions! 

To demand means there's failings in BN's undertakings. Gaining acceptance, on the other hand, means that there's no need for demands as the people willingly and wholeheartedly/wholesale embrace the party that wholeheartedly embraces them. 

When a party treats a community like dirt to be step upon when they feels like it, then, do you really expect to gain acceptance amongst such communities? 

To gain acceptance, there is an unspoken principle that people must be treated with dignity, fairness and courtesy and not be stamped on, beaten up and shouted down when they feels like it and when it's time to come asking for acceptance, offering bribes and sweet whispers on the one hand and at the same time, making racist rhetorics behind their backs. 

Good governance and a happy and satisfied community will always lend support to whichever party they feels safe and comfortable with. 

Honesty and care for the needs of the people will do wonders to garner support for any party. If only they have the will and ability to embark upon such simple undertakings!


written by vincent, August 26, 2009

I am not so sure about this analysis. In my opinion, PAS won because they were facing an opponent who is with questionable proffessional conduct. Furthermore, Teoh Beng Hock and PKFZ's case also helped. However, if PAS wants to continue to win Chinese votes, they need to do something about their own people like Hassan Ali. I have been voting for PAS for the past many elections, if this Hassan continues with his kind of action, 308 is my last vote to them.

written by novice101, August 26, 2009

Umno has misread the minds of the majority of the voters. The 6 losses Umno has suffered in the hands of PR show the people in Malaysia want a truly united nation and they are saying No to racial politics. But Umno/BN think they are still dealing with voters like a few carrots and those they met in the 60's. They still think dangling a few carrots and using the scared tactics will swing the non-malay votes their way. They are stuck in the mud, not realizing the mentality of the people has evolved. It is obvious Umno/BN are at a loss, they do not have a clue as to how to address this new mentality of the modern voters. It is about time such parties, parties which is out of touch with the people and with this world, be allowed to go extinct. 

Umno/BN's swan song will be the GE13, no one will regret its passing on, except maybe the Umnoputras!

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Comments on Teoh Beng Hock Inquest Day 14: Testimony of alleged kickbacks expunged

26-8-2009
By courtesy of http://thestar.com.my/news/story.asp?file=/2009/8/26/nation/20090826092938&sec=nation

03:23pm: Court adjourns to 2pm tomorrow. Witnesses expected to take the stand tomorrow are MACC officers Mohd Najeib Ahmad Walad, Mohd Ashraf Mohd Yunus and K. Sachianandan.

03:17pm: Abd Razak starts questioning Azhar. Azhar says Teoh appeared restless during the car ride to the MACC office,

03:05pm: Azhar disagrees with Gobind's suggestion that Teoh was asked to drive his own car to MACC office because he would not get out of the MACC building. Azhar, who had the laptop and Hafiz, had the CPU. The two officers rode with Teoh in his car from Ean Yong's office at the state secretariat building to MACC office in Plaza Masalam. Both offices are only a short distance away.

03:00pm: Gobind starts questioning Azhar.

02:56pm: Azhar said he last saw Teoh at 10pm in Selangor MACC office before he left to go back to his Putrajaya base.

02:35pm: Azhar said he was directed by Anuar to bring the laptop seized from Ean Yong's office to the Selangor MACC office in Plaza Masalam. Another colleague Mohd Hafiz Idris was directed to bring the CPU. Azhar said he did not know why he was asked to bring the laptop.

02:10pm: Court resumes. Anuar's testimony of alleged kickbacks made to a political party ordered to be expunged by coroner. 17th witness called to the stand - Putrajaya MACC officer Mohd Azhar Abang Menteri.

12:15pm: Court breaks for lunch. Proceedings resume at 2pm.

11:40am: To a question by Abd Razak, Anuar tells the court that an MACC officer, Bulkani Paharuddin had told him that another witness Tan Boon Wah, was arguing with Teoh in the men's room of the MACC office at about 2am on July 16. Tan, who is a Kajang Municipal councillor, was one of the four witnesses present at MACC that night.

11:30am: Anuar says he didn't lodge a police report straightaway after finding Teoh's body because he believed that the first person who found Teoh had done so. At the time when he saw the body, there were already many people gathering on the fifth floor of the building.

11:22am: Anuar explains to the court the reason why MACC conducts night interrogation. He says in some investigations, witnesses who hold day jobs choose to be interrogated at night so it will not interfere with their work. Some witnesses choose not to be seen at MACC building for their own reasons so they choose night time to record their statement with MACC. Anuar adds the MACC office is open 24 hours.

11:10am: Court resumes

10:25am: Court takes a short recess.

10:20am: Tan Hock Chuan asks for a short break for all interested parties to have a discussion. Gobind objects again, saying, "No, the damage has been done. The allegations about DAP has been put on record. Teoh did nothing wrong. This inquest has turned into a corruption trial of Teoh Beng Hock."

10:10am: Gobind gets up to object about Anuar's testimony of alleged kickbacks received by a political party. He says Abd Razak has breached what was agreed yesterday, which was for the inquest to stay within the statement taken from Mohd Anuar by investigating officer ASP Ahmad Nazri Zainal. Gobind says Abd Razak is using the inquest as a platform to talk about the entire investigation by MACC. "We have nothing to hide. We can bring our witnesses and justify the allegations by Mohd Anuar. Mohd Anuar's allegations are baseless. it is unfair for my deceased client," Gobind tells the coroner. Abd Razak says the result of the investigation by MACC is important to establish Teoh's state of mind.

09:35am: Mohd Anuar takes the stand for the fourth time. He is now being questioned by lawyer representing MACC Datuk Abd Razak Musa.

09:30am: Coroner Azmil Muntapha Abas allows application made by lawyer Salim Bashir for his client, Selangor executive councillor Ean Yong Hian Wah to sit in the court so that Ean Yong can listen to the testimony of Selangor Malaysian Anti-Corruption Commission officer Mohd Anuar Ismail.

09:25am: Day 14 of Teoh Beng Hock inquest begins.

COMMENTS

To recap if Tan Boon Wah had a quarrel with Teoh at 2am on 16-7-2009, it does not make sense as Teoh was only released at 3:45am. It was quite unlikely that Teoh was free to move around in the MACC Building and went to the toilet without escort. It was reported earlier by TheStar that Teoh and Tan did not exchange words but merely gesture on 16-7-2009.

"Meanwhile, Kajang municipal councillor Tan Boon Wah, who was also questioned by the MACC in relation to the same case, said he saw Teoh in the MACC pantry at 6am on Thursday. " He looked tired, but he didn't say anything to me," Tan added. Source: http://thestar.com.my/news/story.asp?file=/2009/7/18/nation/4348148&sec=nation

The motive of MACC was to find a scapegoat to put the blame on. It is necessary to recall Tan Boon Wah and cross-examine him together with the MACC Officer Bulkani Paharuddin who made such statement about the quarrel. Whatever it is still inconclusive that a quarrel if any could result in the destructive state of mind. Rather the sleep deprivation should be used to prove that Teoh could no answer some of the questions of MACC Officers because he was too tired to recall things at the wee hours of the morning.

Teoh's state of mind should be commended by psychologists and not MACC Officers who were of the opinion that kickbacks were involved. Even a person went bankrupt could go through the ordeal. So there is no strong evidence that the alleged deals which was not admitted by Teoh could be speculated as something which could hold his mind from rational thoughts. Suicidal thoughts normally develop from a period of time of depression and abnormal fears of meeting people; basically a person has suffered mental depression for a long period of time and under constant medication. A mental illness person's statement may not be valid in the courts of law as he could experience split personalities such as schizophrenia, hallucination, preoccupied mind and staring eyes.

The conclusive evidence from DNA report is that there are at least one person known as Male 1 who forcibly held Teoh's belt. The force of that person caused the waist belt to tear. Now the pathologists contended that was due to contamination during physical examination of the body of Teoh.

More questions should be asked on security of MACC Office as whether or not visitors can enter the premises without detection and who was the last person who saw Teoh alive.

In the meantime, MACC should be held responsible for the safety of the witnesses until he or she leaves the premises.