25-8-2009
By courtesy of TheStar http://thestar.com.my/news/story.asp?file=/2009/8/25/nation/20090825091711&sec=nation
SHAH ALAM: The Malaysian Anti-Corruption Commission (MACC) investigating officer in charge of the case involving Teoh Beng Hock admitted that he would not know if the political aide was threatened when he was questioned by the officers.
Mohd Anuar Ismail said this was because he had been asleep most of the time when his subordinates interrogated Teoh in the early hours of July 16.
He said this at the inquest into Teoh's death when he was cross-examined by counsel Gobind Singh Deo, who is holding a watching brief for Teoh's family.
Gobind: During your snooze, you didn't know what was going on?
Mohd Anuar: The officers briefed me.
Gobind: When you were sleeping, you didn't know whether there were threats.
Mohd Anuar: I didn't know.
Teoh, the political secretary to Selangor executive councilor Ean Yong Hian Wah had been summoned to the MACC office at the 14th floor of Plaza Masalam here on July 15 to be questioned over the alleged irregular disbursement of state allocations. He was found dead on the fifth floor the following day.
Mohd Anuar said he did not lodge a report after discovering that Teoh had died but rushed to Putrajaya to consult with his superiors.
Gobind: Your star witness is dead and you didn't make a police report but got into your car and rushed to Putrajaya? Why did you not call the police?
Mohd Anuar: The situation was panicky as there was a dead person.
Mohd Anuar, 32, also said he had been instructed to go to Putrajaya for further instructions as well as lodge a police report on July 17 by the Selangor MACC deputy director Hishamuddin Hashim.
Gobind, who wanted to know why Mohd Anuar had left Teoh's remains "lying there" without even informing the latter's family, lawyer or boss, suggested he may have done so as there was "something to hide or remove" from the scene.
"I do not agree," Mohd Anuar replied.
Earlier in the day, Anuar testified that he did not probe Teoh on his condition during the questioning session with MACC officer Mohd Nadzri Ibrahim at 2am as there was no need to do so.
However, Mohd Anuar who admitted he had gone back to sleep after inquiring if everything was alright, said he noticed that Teoh appeared to be uncomfortable and withholding something when his statement was being recorded.
Mohd Anuar added that he had asked Teoh if everything was okay but Teoh had kept mum.
Asked why he had not tried to find out why Teoh had kept silent and appeared uncomfortable, Mohd Anuar said it had not occurred to him to so.
Gobind also said Teoh's lawyer M. Manoharan had waited at the MACC office for an hour on July 15 but no one had come out to speak to him.
To this, Mohd Anuar said he was not aware that Manoharan had come to the MACC office that day.
On why the questioning had to be carried out throughout the night, Mohd Anuar replied that there was an urgency in conducting Teoh's case given the wide media coverage it had received.
Gobind asked: "You were directed to bring them in and get a confession?"
Mohd Anuar admitted that he had been instructed to do so by Hishamuddin and MACC head of investigation unit Hairul Ilham Hamzah.
Azmil ordered the police officer investigating Teoh's case, ASP Ahmad Nazri Zainal, to investigate four invoices obtained from the deceased's laptop by the Selangor MACC officers.
Azmil instructed that a statement be recorded from state Mohd Anuar concerning Teoh's cautioned statement to the MACC.
This was to ascertain the relevance of the invoices to Teoh's death.
The recommendation was made by counsel holding a watching brief for the MACC Datuk Abdul Razak Musa.
The issue that has been brought up may be a new issue for the police, said Abdul Razak.
Earlier when being cross-examined by Abdul Razak, Mohd Anuar explained that Teoh's responsibility was preparing claims for his boss Selangor executive councilor and Seri Kembangan assemblyman Ean Yong Hian Wah.
He added that the amount claimed last year and this year by Ean Yong was quite substantial.
Mohd Anuar also said his team had seized boxes of documents related to claims made by Ean Yong.
He also told the inquest that Teoh had been asked to return the following day with receipts and vouchers to support the seized documents.
Abdul Razak also wanted to tender in the documents as well as Teoh's cautioned statement to be marked as exhibits.
Abdul Razak said the cautioned statement would show the deceased's state of mind and that he was frightened to face reality and that illegal things had been done.
But Teoh's family counsel Gobind Singh Deo, who opposed the move, questioned how the statement could indicate the deceased's state of mind given that Mohd Anuar had already testified that Teoh appeared as if he had wanted to say something but had held back.
"This statement is prejudicial as the witness (Mohd Anuar) had said Teoh Beng Hock was uncomfortable.
"It is not an accurate reflection of what Teoh Beng Hock really wanted to say," said Gobind.
He said that the cautioned statement would also be prejudicial as Teoh was not there to defend himself.
Gobind's objection was supported by counsel holding a watching brief for Selangor Malik Imtiaz Sarwar.
Abdul Razak said it was necessary to bring in the cautioned statement to indicate Teoh's mental state as well as his involvement in the matter.
"We cannot rule out suicide as there is no evidence to show that he was murdered. I am surprised why they do not dare to allow this to be tendered," he added.
Meanwhile, government appointed counsel Tan Hock Chuan suggested that the statement is produced when the recording officer Mohd Nadzri Ibrahim takes the stand.
He said like the other parties, the MACC also has its own theory regarding what had happened to Teoh.
"So let them put in their theory. It can be tested," said Tan.
Gobind said if this was the case, Ean Yong should also have his lawyer present.
"It cannot be one-sided," said Gobind who later informed the inquest that he had contacted Ean Yong who said he needed some time to appoint a lawyer.
Azmil Muntapha then adjourned the inquest to Wednesday to allow time for these things to be carried out.
Below is a recount of developments as they unfolded in the Coroner's Court.
03:05pm: Court adjourns till tomorrow morning as coroner orders investigating officer ASP Ahmad Nazri Zainal to take down the statement from 16th witness Mohd Anuar Ismail regarding the four documents printed from Teoh's laptop and also Teoh's recorded statement made with Mohd Nadzri Ibrahim in MACC building to see whether it is relevant to Teoh's cause of death. The adjournment is also to allow Selangor executive councillor Ean Yong Hian Wah to be present with his legal counsel.
03:00pm: Court resumes
01:17pm: Court breaks for lunch
12:59pm: Teoh's fiancee Soh Cher Wei, 28, walks into the courtroom and sits at the front row of the public gallery with Teoh's family. This is the first time she sits in the public gallery. Soh is also listed as witness in the inquest.
12:45pm: To a question by Abdul Razak, Anuar says there were four quotation documents from four different companies found on Teoh's laptop.
12.35pm: Anuar says MACC team seized Teoh's laptop and CPU at his office. Teoh appeared restless.
12:30pm: Lawyer for MACC Abdul Razak begins questioning Anuar.
12.15pm: Anuar said he was instructed by Selangor MACC deputy director Hishamuddin Hashim to lodge a police report the next day after Teoh was found dead on fifth floor of Plaza Masalam on July 16.
12pm: Anuar admits to Gobind that he had given an incorrect answer during yesterday's proceedings where he said there was no threat or violence used on Teoh during interrogation. Under intense grilling today, he agrees with Gobind that he could not have known if there was threat or violence used on Teoh because he had slept off for a significant amount of time.
11:51am: Anuar agrees that Teoh "could have something to tell" despite keeping quiet when Anuar last saw Teoh at about 2am on July 16 when Anuar when to check the questioning session. At that time, Mohd Nadzri was recording Teoh's statement. Anuar walked in and asked if everything was okay to which Mohd Nadzri replied there was no problem. Teoh had kept quiet.
11:40am: Anuar tells the court that he did not probe Teoh on his condition during the questioning session with MACC officer Mohd Nadzri Ibrahim at about 2am on July 16 because there was no need to do so.
11:25am:Court resumes. Gobind continues with his questioning of Anuar.
10:25am: Gobind tells Anuar that there are police reports lodged against MACC for torture during interrogation. Anuar says he is not aware of such police reports.
10:20am: Anuar admits to Gobind that in MACC officers do go by shortnames. Mohd Anuar Ismail goes by MAI, acronym of his name. Gobind suggests that Anuar uses MAI so witnesses will not know his real name during interrogation. Anuar disagrees.
09:57am: Datuk Abdul Razak Musa, lawyer for MACC officers during the inquest, gets up to object.
09:50am: Anuar tells the court that it was normal for MACC to keep witnesses till late at night. However, he agreed to Gobind's suggestion that it was not normal to keep anyone in the office till late night on general basis.
Gobind: Why do you have to investigate until late night?
Anuar: To hasten investigation
Gobind: Why?
Anuar: Because the issue of state fund disbursements is sensitive. the media reported almost daily a week before that.
Gobind: If you say you need to hasten it, then why did youu sleep all night? (Anuar had earlier testified that after he last saw Teoh at about 2am. He went to the surau and slept. He woke up at 5am to move to visitor's area (ruang tamu) of the MACC and slept off until 8.30am
Gobind says "Kata nak cepat tapi you slept all night". The courts break into laughter
09:40am: Anuar says he did not check whether Manoharan was present in the building.
Gobind: Why did you not wait for Manoharan?
Anuar: I didn't see him
Gobind: Did u ask whether Manoharan was there?
A: No
Gobind later asks if Anuar was aware that Manoharan, had come in his capacity as Teoh's lawyer and waited for an hour to see his client, Anuar said he wasn't aware.
09:30am: Drama in court when Gobind Singh Deo grills Anuar on whether he waited for Teoh's lawyer M. Manoharan to arrive.
Gobind: You said Teoh made a call to someone when he arrived at the MACC building
Anuar: Yes
Gobind: You also said you asked him to switch handphone off. Why?
A: There is a administrative directive arahan pentadbiran that a witness cannot use handphone in building
Gobind: Didn't you earlier give him permission to use his phone?
Anuar: I used my discretion (budi bicara), I don't know who he was speaking to. But i did give him permission to call Manoharan
Gobind: So did he call Manoharan? Wouldn't he be waiting for his lawyer?
Anuar: I don't know
Gobind: Since you gave him permission to call Manoharan, and you said you heard him saying "Are you coming?" Isn't it possible that Teoh was calling Manoharan?
Anuar: Yes, most probably
Gobind: Doesn't it mean he could most probably be waiting for Manoharan?
Anuar knocks the witness stand with his hand out of frustration by the intense questioning by Gobind. Gobind lashes out saying that Anuar is "not that soft spoken person you have made yourself to seem"
09:17am: Mohd Anuar Ismail, a Selangor Malaysian Anti-Corruption Commission officer takes the stand for the third time
09:15am: Day 13 begins for Teoh Beng Hock inquest. His family is present in the courtroom
COMMENTS
Gobind aptly questioned IO Anuar: "If you say you need to hasten it, then why did you sleep all night?" (Anuar had earlier testified that after he last saw Teoh at about 2am. He went to the surau and slept. He woke up at 5am to move to visitor's area (ruang tamu) of the MACC and slept off until 8.30am.
It is ridiculous to consider it as urgent and yet IO did not observe throughout the interrogation. What is the working hours of the MACC Officers based on employment contract and is there any 24 hours pay? If it is on shift duty, what is the official working hours schedule? Every human being needs sufficient sleep every night. So why IO on duty needs sleep but the witness does not need sleep till 3:45am??? It is an interference of personal privacy and freedom to sleep, and violation of basic human rights as Teoh was a witness and not a suspect since his hands were not handcuffed during interrogation.
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