Wednesday, August 26, 2009

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.


No comments: