At the Teoh Beng Hock Inquest at the Shah Alam Court this morning, the counsel for the Malaysian Anti-Corruption Commission (MACC) Datuk Abdul Razak Musa asked the Coroner Azmil Muntapha Abas to issue a gag order to stop me from making unfair criticisms of the MACC arising from inquest proceedings.
He pointed out that I was present at the inquest and that I had criticized the MACC over what transpired at the inquest.
This was objected by the Gobind Singh Deo, counsel for Teoh’s family members and Malik Imtiaz Sarwar, counsel for the Selangor State Government who argued that the inquest does not have such unbridled powers.
The Coroner declined to issue such a gag order.
At the inquest today, Gobind said he had at least a police report about physical violence and torture by MACC officers during interrogation and that he would be adducing such evidence.
For quite some time, there had been complaints that the MACC had become a law unto itself, violating the basic constitutional and human rights of witnesses and suspects interrogated by MACC officers.
Even the police are afraid of the MACC because of the powers the MACC officers hold over the police in corruption investigations.
This is unacceptable and intolerable. I call on the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan and the Inspector-General of Police Tan Sri Musa Hassan to make public the number of reports which had been lodged against MACC (previously ACA) officers for abuse of power and use of physical force in interrogations in the past 12 months.
Furthermore, what percentage of these reports against MACC officers for physical violence and torture during interrogation had been investigated.
The first step to restore public confidence in the MACC is to bring the MACC and all its officers within the ambit of the law as no democratic country can allow an institution to become a monster or a Frankenstein with no regard whatsoever to the rudiments of the rule of law and the most fundamental notion of human rights.
(Speech at the Teoh Beng Hock memorial meeting at Hokkien Association Hall, Klang on Friday, August 28, 2009 at 10 pm)
#1 by mendela on Saturday, 29 August 2009 - 12:08 am
Japan mighty LDP will be trashed by oppositions in this Sunday GE. LDP has ruled Japan for over 52 long years.
UMNO and all its scumbags will have the same fate in coming GE13!
#2 by SpeakUp on Saturday, 29 August 2009 - 12:23 am
Yeah … over throw BN, kick them out, no problems! MACC needs to reveal this and that, UMNO needs to do this and that. Let’s demand that the PM need to you know and know!
All this time, Malaysian society is fragmenting. Today we have Muslims marching with a severed cow’s head against Hindus. Yeah … we are all going the right direction for sure!
One has to admire Gandhi, he went on a hunger strike to see that Hindus stop killing Muslims and vice versa. Here, we demand more and more, stir up more. Where will Malaysia head?
#3 by boh-liao on Saturday, 29 August 2009 - 12:29 am
Ha, ha, a gag order to gag you
Sure Abdul Razak Musa could not stand your loud mouth one
#4 by pwcheng on Saturday, 29 August 2009 - 12:55 am
You are right Kit. Najib threw the boomerang but he forgot that the boomerang will make a “U” turn and hit him.
#5 by albert308 on Saturday, 29 August 2009 - 1:15 am
It is utmost important government servants who committed crimes must face justice to the extend of facing death sentence for murder. Our public institutions are too cruel to believe in modern nation. Partly caused by the rule of PM for 22 years with tyranny rule. He ever sent message to government servants that he dislike corruption but if one commit bribery no action will be taken.
The law must strictly take its cause. MACC officers caused into TBH death must put into justice and face death sentence. A lesson must be taught to enforcement officers that duty must be carried out independently and without fear or favor.
#6 by -ec- on Saturday, 29 August 2009 - 1:17 am
mendela on August 29th, 2009 00:08
while the dpj is set to win the weekend election, “…LDP has ruled Japan for over 52 long years.” is not quite true.
the ldp did not have the majority during the elections of the house of representatives of the national diet at least for several occasions, e.g. Dec76, Oct79 & Dec83.
#7 by GilaPolitic on Saturday, 29 August 2009 - 1:33 am
Uncle YB Kim KS,
ASSALAMUALAIKUM WARAHMATULLAH HI TAALA WABAROKATUH
An Islamic Ulama always remind his Muslim followers to understand and appreciate the truth leadership by a good example. In many religious books wrote about “Human greed is always blinded by his own sinful deeds and misjudged others innocence act.”
Unfortunate, I am a Muslim Bumiputera felt very disgraceful to read a group of Malay-Muslim protesters claiming to be residents of Section 23 have threatened bloodshed unless the state government stopped the construction of a Hindu Temple. Why the PDRM is silent and no action is taken against the protestors ? It is ridiculous for BN govt to allow such extremist protestors to cause racist havoc before the celebration of 52rd Merdeka day. Our greedy Muslim brothers are blinded by their sinful barbaric act against other religion should be arrested immediately by the authorities on the spot to avoid untoward bloodshed. I believe this is not an action condoned by Islam, a religion which espouses humility and respect for other religions.
I agreed with Ketua Pemuda UMNO , KJ said : “How would you feel if the proposal to build a mosque in a non-Muslim area – which is already happening – leads a group of non-Muslims to burn and stomp on the Quran? Would not the Malays rise with anger? If yes, then parading with a cow’s head is just as insulting?” Many Muslim brothers were saddened that the protest was done in the name of Malay non-governmental organisations and after Friday prayers in the holy month of Ramadhan. These protestors caused shameful and disgraceful to Islam religion for their barbaric action because Islam does not condone this. I read that PM, Najib Abdul Razak is outraged over this afternoon’s ‘cow head’ protest in Shah Alam and claimed he instructed IGP to take immediate action.
Last but not least, the Rakyat want to know and witness what immediate actions should be taken by Najib administration and the police against these unIslamic protestors. They must be punished according to the law for endangering racial harmony in Malaysia, so that the Rakyat can happily celebrate 52rd Merdeka in a peaceful manner, harmony living and towards a progressive nation.
I also felt shameful with MACC officers and their heads (majority Muslims ) have been abusing their power, torturing and hurting their witnesses and suspects. Their wrongdoings are not condone by Islam and totally against the Islam teachings of good leadership and respect human rights. Allah will punish the MACC culprits in Hell when times come to haunt them soon.
Selamat Merdeka & Selamat Berpuasa.
Anak Bumiputra
Malaysia Apanama Boleh !!
#8 by ekompute on Saturday, 29 August 2009 - 4:51 am
Power corrupts, absolute power corrupts absolutely.
MACC has created more problems than it has solved. MACC has been given wide powers to help them perform their duties more effectively but instead, they have proven themselves that they cannot be trusted to handle power, just as a toddler cannot be trusted with a box of matches. The only solution is to reduce MACC’s powers. That is the wisest thing to do, i.e. to directly address the cause of the problem. Just get a donkey to head MACC and things should get better. A donkey under the circumstances is better than a monkey. Better be ineffective than destructive.
#9 by ekompute on Saturday, 29 August 2009 - 5:01 am
I thought we are planning to move the nation back to 650 AD? What modern nation are you talking about. Don’t make my toe creak okay? I just got it fixed.
#10 by yhsiew on Saturday, 29 August 2009 - 6:12 am
Call on Police and MACC to make public the number of reports which had been lodged against MACC (previously ACA) officers for abuse of power and use of physical force for past 12 months. (Kit)
===========================================
Getting information from the MACC on lodged reports which shed light on abuse of power and use of physical force by the MACC will help establish the cause of Teoh’s death.
To be fair to Teoh’s family Datuk Abdul Razak Musa should not stop them from accessing this information.
Well done, Kit!!
#11 by yhsiew on Saturday, 29 August 2009 - 6:17 am
Oops!!!
“this information” should be corrected to “these information”.
#12 by monsterballssgoh on Saturday, 29 August 2009 - 6:23 am
Usually in court cases….lawyers encourage witnesses to speak out..as much as possible….on the case..for or against.
Here…we have MACC lawyer wanting to stop LKS to speak up…is weird…unlawful…and making a mockery of freedom of speeches…even in court..relating to the case.
Fortunately …the Coroner rejected the request.
So many idiots are protecting UMNO..for reasons they know best.
That was not for the interest of justice nor for Malaysians..so bias…..so idiotic.
Yes…backward is the trend…. yet..guiding all ..towards the “1Malaysia”…told to forget the past by Khairy….lets do it now….with no meaning..no sincerity in that…as long as Malaysians are being divided …by race…by religion….controlling all Malays to have no choice in religion matters..what nonsense is this “1Malaysia”??
It’s Donkey Kong …swinging….enjoying..dancing….happy happy UMNO government. How lucky we are..all trained to be hypocrites..lazy…how to steal with no fear…encourage and accept bribes happily…buy new cars…clothes..renovate houses frequently to keep up to the whims and fancies.
All can be done…for money is not a problem.
There should have the rich and well do do. No such thing as poor or poorest of the poor..right now..but Donkey Kong leader said RM100 million government shares to be given to the poor!!!
So used to take money to bribe..now using money to try solve problems…exposing money power is their political ambitions.
How lucky we are.
Our children can do one better than us…later.
#13 by ekompute on Saturday, 29 August 2009 - 6:43 am
Wahhhh, 6.37 am but only one online user. Now just increased to 2. It’s rather unusual but lately, it has been like this. I note that it used be around 35 in the dead of night before Ramadan. Proves that DAP is not a Chinese-based political party, LOL. This blog has more support from the Muslim community. But who are those people? DAP supporters or UMNO goons? LOL.
#14 by cto on Saturday, 29 August 2009 - 8:59 am
So what are you suggesting here? Are you suggesting that LKS should just keep quite and not stir up anything?
I put it to you that the Malaysia is heading south and continues to head south not because the opposition is stirring up more and more. In fact if anything, the society is far too complacent and tolerant of all the abuse, excesses and incompentence of the government.
#15 by Onlooker Politics on Saturday, 29 August 2009 - 10:11 am
Does the MACC Act have any provision which talks about the building up of an effective checks-and-balances system in relation to the legal immunity of the MACC officers when carrying out the official duty of MACC? If no, then it has better for Umno to appoint Ahmad Said Hamdan as the Emperor of Ketuanan Melayu Dynasty of Malaysia!
#16 by ekompute on Saturday, 29 August 2009 - 10:13 am
CTO, what SpeakUp is saying is that LKS should go on hunger strike, not asking to keep quiet, LOL.
#17 by yhsiew on Saturday, 29 August 2009 - 10:25 am
The first step to restore public confidence in the MACC is to bring the MACC and all its officers within the ambit of the law as no democratic country can allow an institution to become a monster or a Frankestein with no regard whatsoever to the rudiments of the rule of law and the most fundamental notion of human rights. (Kit)
===============================================
Fully agreed.
The MACC officers currently are not cognizant of what went wrong with their conduct and behavior. It is time to alert them lest they deviate from the primary objective of the MACC, that is to eradicate corruption.
#18 by ekompute on Saturday, 29 August 2009 - 10:27 am
Why do they need legal immunity? Are we giving them a license to do illegal things? Power corrupts and absolute power corrupts absolutely.
#19 by LG on Saturday, 29 August 2009 - 11:39 am
How many police reports against MACC and what actions have the police taken so far on MACC? Both are lap dogs of UMNO, serving their cruel master’s objectives. Both have lost their main objective to be independent bodies to prevent or reduce crimes and to put esp. top criminals behind bar.
To us, the public, UMNO is the No.1 criminal in the Malaysia, full of xxxxxxxxxx and yet they are blind, deaf and incapacitate to UMNO’s many, many evils.
#20 by vsp on Saturday, 29 August 2009 - 11:58 am
“The only solution is to reduce MACC’s powers.” – ekompute
———-
Whether the MACC has too much powers or should have lesser power is no the solution.
MACC is now under the executive and by extension under the control and manipulation of UMNO and BN. What many have suggested is to have the MACC placed under the purview and oversight of a parliamentary committee, whose members should comprised equally from both the ruling party and the Opposition. Better still the chairman of this committee should be someone who is apolitical and does not belong to any political party.
#21 by ekompute on Saturday, 29 August 2009 - 12:00 pm
Aptly said. When UMNO is upright, everything will automatically look right. No need for any MACC or any MCC (mong cha cha).
#22 by katdog on Saturday, 29 August 2009 - 12:55 pm
Why do they need legal immunity? – ekompute
My theory is they are provided legal immunity so that they can carry out ‘entrapment’ activities.
Example, an MACC officer can disguise himself as a civil officer and come to you demanding that you pay him some bribe for him to process an approval or other. You relent and agree to pay him the bribe. The moment that happens, the MACC officer nabs you for attempted bribery. The MACC officer then gets legal immunity from any of his prior actions to induce you to pay a bribe.
This is called entrapment. In some places, it is illegal for law enforcement officers to use such tactics to ‘catch’ people. The use of entrapment is highly debatable as one has to ask “who induced who?”.
I have always believed from day one that the MACC was ill conceived and rushed through. The operating procedures and limitations on powers of MACC were not clearly defined.
It was really funny that when MACC was being pushed through parliament, DAP had asked for more independance of the MACC rather than more check and balances. Really funny.
#23 by cto on Saturday, 29 August 2009 - 12:58 pm
Well if he really believes that going on a hunger strike is going to make a better Malaysia, then I like to see him do just that.
I will confer him the title of Gandhi of Malaysia. :)
Sheesh – talk is cheap.
#24 by sumun osram on Saturday, 29 August 2009 - 2:42 pm
Dear YB
Apart from demanding from the Police and MACC on the number of reports made against the MACC officers for torture, assault and brutality, wrongful arrest and confinement and the outcome thereof, there is another aspect where YB can bring up in Parliment regarding the law pertaining to confession in the MACC statute.
The reason the MACC is blatantly using force to extract confession is that they can use this incriminating statement against the accused during the trial. Similarly, the confession forcibly taken from a person will be used as a justification by the MACC for its action although there may no evidence to support the alleged corrupt practice.
Corruption cases are like white collar crimes for e.g. CBT, cheating, falsification and etc. There is no reason or rhyme for using force to extract confession from a person committing white collar crime. Crimes of this nature can be proved with documentary evidence which will speak for itself the culpability of a person supported by oral evidence from witnesses. There is no need for a ‘confession’ statement for these type of offences including corruption.
Therefore, the provision for confession statement in the MACC Act should be removed or repealed. If more serious crimes like murder, armed robbery and so on do not need confessionary statements with the amendment of Section 113 of the CPC doing away of the confession statement, I don’t see any justification for such a statement for corruption offences.
The issue of brutality should be nipped in the bud. The provision on confession can be seen as a trigger to the unlawful methods of questioning and interrogation by the MACC officers. If this provision is removed then the MACC officers have to rely on all other evidence to prove their case rather than relying solely on the confession of a person to support their case.
YB should bring up this matter in Parliament to amend the confession provision in the MACC Act so as to deter and restrain the MACC officers in resorting to brutality against people suspected of corruption.
#25 by sumun osram on Saturday, 29 August 2009 - 3:06 pm
YB, you demanded the Police and MACC the “number of reports lodged against MACC officers for abuse of power and use of physical force” for the past 12 months.
I feel the period of 12 months you requested is too short and will not reflect the actual senario of the alleged abuses. I think you should demand the Police to reveal the reports made against the MACC for the last 5 years. From the 5 years period then we can gauge the pattern and manner of the interrogation techniques used.
There are a lot of people who have been abused before the 12 months period and there will be no justice for them and the system if there was no action taken on all those reports. Most if not all of these reports, I believe, have been swept under the carpet.
I do have reservations that the Police or MACC will respond to your demand. Maybe this can be included, as a parliamentary question for the next session of Parliament, and for the Royal Commission.
#26 by oldman99 on Saturday, 29 August 2009 - 3:11 pm
we truly need to do an overhaul if the country were to move fwd.
macc & pdrm must be under parliament 1st & foremost.
the tdrm under agong. not minister of defence.
macc can’t be under the purview of one person ie. PM only. that’s too much power to one person. especially if in the wrong hands.
otherwise no meaning using “Di-Raja”. it’s bcoz the pdrm, tdrm & macc can be controlled by ruling BN, this is setting a dangerous precedent & power to a ruling party. it’s as close as being a dictatorship. it’s human nature to abuse & overuse. there’s no perfect system but the system must be fair to all & there must be a separation of powers under various legal umbrellas.
#27 by carcinoma on Saturday, 29 August 2009 - 5:58 pm
i tot i just saw the ICAC movie from hong kong. ICAC in the movie means I Corrupt All Cops. i actually watch it second time…..in real ….in malaysia la. malaysia boleh…..
#28 by cemerlang on Saturday, 29 August 2009 - 10:50 pm
This is becoming a legal issue. Laws can be manipulated. But is it legal to use aggression and physical force ? There is such a thing as too much aggression. If the laws are misabused or misused, they will lose their credibility. Anarchy can set in.
#29 by monsterballssgoh on Sunday, 30 August 2009 - 8:31 am
hahahahahaha….ekompute….you interpret …check time …when commentators like SpeakUp…speaks..hitting LKS should go on hunger strikes for the love of the country.
As usual..talking nonsense….like an idiot..he is very good. The other one is lumpah kia.
Malaysians are inspired by Gandhi’s non violence and totally disobedience to the government…to free the country.
How to go hunger strike…when Malaysians love to eat..especially the Chinese. Have some brain la.
Going hunger strike…and thousands Malaysians will follow LKS example…many food courts stalls will need to close shop..and the many 24 hours wonderful food services…need to close at 12am too.
The one thing..Malaysia can be proud of …is the food…and this is not due to UMNO great management. This is mainly due to the Indians and Chinese can work very hard and struggle to survive.
Najib’s ..”1Malaysias” should start asking UMNO supporters not to be choosy in jobs.
Do that…UMNO will loose more votes…do not do that…he is a hypocrite…….hahahahahahaha
This is the position of a cunning…insincere corrupted government.
Cannot change…gone case…so we need to be sharp and alert..and not allow BN commentators fool readers.
SpeakUp better shut up….or think before he speaks.
#30 by good coolie on Sunday, 30 August 2009 - 1:08 pm
If we can stop an injustice, we must do so. If we can’t stop it we must speak out against it. If we can’t even speak out against it we must at least be against it, silently, in our hearts! -Correct me if I have stated this Islamic teaching wrongly.
The MACC, our Servant has now become our Master, so it is time to put a thick leash on it. All should get involved, doing whatever they are able to do, no more than that.
#31 by ktteokt on Monday, 31 August 2009 - 10:26 am
Whatever powers they have, they won’t exercise on their COMRADES! They only use these powers to torture those in the other camp!