Inquest verdict ruling out suicide and on Beng Hock’s pre-fall injury an indictment of MACC and police and powerful ground for full-scale RCI into the actual causes of Teoh Beng Hock

The ending of the Teoh Beng Hock inquest in an “Open Verdict” 18 months after the tragedy outside the Malaysian Anti-Corruption Commission (MACC) headquarters in Shah Alam has not only caused nation-wide consternation but validated the opposition to Prime Minister Datuk Seri Najib Razak’s two-prong proposal in July 2009 to have first an inquest and after it, a Royal Commission of Inquiry into the procedural aspects of the MACC in carrying out investigations.

On 22nd July 2009, I had said:

“I am disappointed by the Cabinet decision on the mysterious death of Teoh Beng Hock.
“There will be no Royal Commission of Inquiry into the causes of Teoh’s death although an inquest would be held.

“A Royal Commission of Inquiry will be set up, but only to look into the Malaysian Anti-Corruption Commission’s (MACC) investigative procedures and to determine if there were any human right violations when Teoh Beng Hock was being interrogated.

“This falls short of public expectations and is unsatisfactory and unacceptable.
“What the Malaysian public want is a Royal Commission of Inquiry into the mysterious causes of Teoh’s death at 14th floor of MACC Hqrs, the investigating procedures of MACC as well as into the independence, professionalism and integrity of the MACC whether it has become the catspaw of its political masters to declare war on the Pakatan Rakyat instead of declaring war on corruption.”

Three days later, I had called on the Cabinet to halt Teoh Beng Hock inquest to allow it to review and widen the terms of reference of the Royal Commission of Inquiry into the causes of Teoh’s death to command public confidence in public institutions and the Prime Minister.

Unfortunately, the call for a Royal Commission of Inquiry into all aspects of Teoh’s death was ignored and the authorities decided to proceed with the inquest and to await its outcome before constituting a Royal Commission of Inquiry into investigation aspects of MACC.

Although there is nation-wide disappointment with the “Open Verdict”, the inquest had made two important findings:

  1. ruling out suicide as the cause of death, which had been openly canvassed by the MACC; and

  2. finding that Teoh Beng Hock was inflicted with “prefall injury”.

This raises the question who was responsible for Teoh Beng Hock’s “prefall” injury, which reflected adversely on the MACC as well as police investigations into Teoh’s death.

For this reason, a Royal Commission of Inquiry, not just into the procedural aspects of the MACC’s investigations but to probe further into the causes of Teoh Beng Hock’s death following the inquest findings ruling out suicide and on Teoh’s pre-fall injury, should be established immediately without any delay.

  1. #1 by yhsiew on Thursday, 6 January 2011 - 4:41 pm

    Yeah, the Royal Commission of Inquiry must not only be in name but also in substance!

  2. #2 by limkamput on Thursday, 6 January 2011 - 4:47 pm

    Can’t we see we are good in legitimising everything? We appoint the so-called men and women of distinction and character to positions to safeguard fair play and good governance, but ultimately these are the people who will provide the excuses and cover-ups to the endless abuses and corruption that are going on in the country. How the proposed RCI will be of any difference other than to give legitimacy to the verdict that they have already decided. Investigate those MACC officers last seen with TBH like common criminals and I am sure the truth will prevail very quickly.

  3. #3 by undertaker888 on Thursday, 6 January 2011 - 5:21 pm

    bolehland laughing stock justice:

    1.he strangled himself and jumped.
    2.he had less than 1000rm in bank account therefore he committed suicide.
    3.have you jump off a building before?
    4.It is not homicide and not suicide either(maybe he just like jumping off Macc building for fun).

    if these are the types of people administering our country, we will soon be worst than zimbabwe. we will be long-kangwe.

  4. #4 by ENDANGERED HORNBILL on Thursday, 6 January 2011 - 5:31 pm

    Why do you need a coroner and so many months of investigation to tell us TBH just DIED.

    Ask no further questions and you will be told no more lies!

  5. #5 by yhsiew on Thursday, 6 January 2011 - 6:19 pm

    I have the gut feeling that the RCI (if set up) will go the way of Lingam tape RCI.

  6. #6 by Loh on Thursday, 6 January 2011 - 8:09 pm

    ///The High Court allowed an application by Foreign Minister Anifah Aman to strike out the 100 million ringgit (S$42.1 million) suit, Anwar’s counsel Sankara Nair said, describing the decision as ‘absurd’ as no reason was given for the ruling.///–

    The reason not stated was that Anifah Aman belongs to BN and Anwar belongs to PKR. The court realises that education standards in Malaysia has declined to the extent that they have to simplify judgement procedure.

  7. #7 by Bunch of Suckers on Thursday, 6 January 2011 - 8:44 pm

    WOW, they wanted to cheat; but they have been caught and revealed!! Isn’t shame for those who involved? Do think foreign investors want to invest their $$$ in this bolehland!

    Go to hell, this bunch of suckers leading the nation to no-where! What about other unsolved cases, such as Mongolian lady & etc…

  8. #8 by negarawan on Thursday, 6 January 2011 - 9:26 pm

    UMNO has literally bastardized all the institutions in Malaysia to serve its insatiable lust and greed for personal wealth and power.

  9. #9 by negarawan on Thursday, 6 January 2011 - 9:28 pm

    UMNO has literally corrupted and destroyed all the institutions in Malaysia to serve its insatiable lust and greed for personal wealth and power.

  10. #10 by negarawan on Thursday, 6 January 2011 - 9:47 pm

    December 29, 2010

    Press Statement by Tan Sri Datuk Robert Phang Miow Sin.
    Justice of Peace
    Chairman – Social Care Foundation
    Panel Advisor, Malaysia Anti-Corruption Commission (MACC)

    On Friday December 31, 2010, we will say goodbye to 2010 and usher in 2011. Fortune tellers, astrologers and Feng Shui practitioners will review the events of past years in self
    glorification of the accuracy of their predictions. They will attempt to provide new prophecies and guidance to forecast events and good fortunes for the coming year. But, they do it for
    commercial gains.
    2. As a social activist, I would like to address the fundamentals that are of importance to us as a progressive nation. Malaysia is a country of faiths. It is stated that Islam is the
    official Religion of the Federation but at the same time, freedom to practise other faiths and religions is guaranteed. How we prosper as a nation cannot be based on fortune telling and
    guessing games, but on hard facts, sound policies and universal principles to be gathered from our faiths and religions.
    3. Whether we are Muslims, Christians, Hindus, Buddhists or of any other faith, the plurality of faiths of this country must be preserved. I call on IKIM and PERKASA not to cause confusion
    by fanning the differences between us, but to build on the commonality that binds us. It’s a folly to claim whose religion or whose god is the right one. All religions teach good things and
    we all believe in ONE TRUE GOD.
    4. Thus, all talk that cause differences, tensions and schisms must stop. If May 13, 1969, is to be remembered, it should be commemorated as a day of mourning when this multi-cultural and
    multi-religious beloved country of ours was almost ruined. Thus, it must be our national resolution that May 13 must not recur or Malaysia will become a failed state. It is our commonality
    that binds us as a nation since Independence and that will shape our future destiny as 1Malaysians!
    5. With regard to the New Key Result Areas (NKRAs) for reduction of crimes, I congratulate Home Minister Dato’ Seri Hishamuddin Tun Hussein Onn, who has worked hard and developed innovative
    ways to assist the PDRM in the fight against crime. I also congratulate Dato’ Seri Hishammudin for understanding the importance of public perception and thus ended the former IGP’s tenure. Compared to his predecessor, Tan Sri Ismail Omar is a breath of fresh air. Like a clean white sheet, it is now in his hands to re-shape PDRM (Royal Malaysian Police) into the principal
    respected law enforcement agency that it once was. We, Malaysians, must support Tan Sri Ismail Omar, the current IGP, to aspire for a crime free society.
    6. As a Panel Advisor of the Malaysian Anti-Corruption Commission (MACC), I applaud the achievements of the MACC’s Chief Commissioner, Dato‘ Seri Abu Kassim, in bringing to book some big
    names this year. In the PKFZ case, Tun Dr Ling Liong Sik has been charged. However, the report by the forensic auditors mentioned several other big names, including those still serving in
    government and are also big names in their political party. These big names have quickly used the MACC’s clearance as a political mileage. This has invited public skepticism, especially
    when it is perceived that a thorough investigation has not been conducted and the clearance was just a political whitewash. That was what the public perceived in the case of former Selangor
    MB Dato‘ Seri Dr Khir Toyo until he was charged recently. I remind these big names not to be so gleeful, bordering on arrogance.
    7. The public also view with grave suspicion the allegations over the personal conduct of Attorney-General (A-G) Tan Sri Gani Patail who is seen consorting with Tan Sri Tajuddin Ramli’s
    proxy, Shahidan Shafiee. This is of great disservice to the government in the fight against corruption. I have raised this before and the A-G‘s continued silence is deafening. PAS vice
    president Salahuddin Ayob has now raised the same issue. This is not just a political issue but it also concerns the integrity of the highest law officer of the country. His actions and
    conduct can erode the credibility of the government.
    8. There is also public skepticism over the conduct of the A-G, in the exercise of his prosecutorial powers. His reluctance to act in certain cases, while very vociferous in others, have given rise to allegations of selective prosecution bordering on persecution. YB Salahudin Ayob also raised this seeming double standards involving the case of lawyer En Rosli Dahlan. En Rosli is widely known to be the lawyer handling the MAS case and has alleged that he had been victimised by rogue elements in the government. It is frightening to the citizens at large that the whole machinery of the A-G’s office and the MACC can be used against one man. The government must dispel this perception of persecution against an innocent citizen.
    9. I have raised these matters without any personal or political agenda. I am not a politician. I speak for what I believe to be true and right. These are matters that have been in the public domain and it is incumbent on me to remind the powers that be of the public displeasure. Only in this way civil activists like me can be of service to the nation, the government and the public. This is consistent with the reminder by the Prime Minister Dato‘ Seri Najib Tun Razak that those in power must not suffer from the four diseases – Delusion, Amnesia, Inertia and Arrogance.
    10. In closing 2010’s chapter and in welcoming 2011, I pray for God’s Blessings upon all of us and that we become a truly 1Malaysia nation in the pursuit for Unity, Truth And Justice. I
    wish all Malaysians a Happy and Blessed New Year!


    Tan Sri Robert Phang Miow Sin
    Justice of Peace

  11. #11 by HJ Angus on Thursday, 6 January 2011 - 10:02 pm

    For those who think an RCI is going to uncover the cause of TBH’s death, I am sorry to tell you the RCI will not have a satisfactory conclusion.
    If you look at the way the investigations were done both by MACC and the PDRM, there are so many indications of a cover-up at high levels.
    It seems there was a grand design to prolong the inquest so that the trail becomes cold and vital clues obliterated.
    So we can have a RCI and the AG will probably charge some minion with causing hurt or even torture. He goes to jail and is properly compensated but the corruption in the system prevails.
    To me an RCI at this late stage is meaningless unless we get PR voted into Putrajaya and they make it one of the items to be executed.
    It is imperative that any wrong-doing by anyone in uniform who has power of life and death must be vigorously exposed and punished.
    The next victim could be your son or daughter.

  12. #12 by tak tahan on Thursday, 6 January 2011 - 11:03 pm

    So we can have a RCI and the AG will probably charge some minion with causing hurt or even torture. He goes to jail and is properly compensated but the corruption in the system prevails. by HJ Angus

    This minion is wtihin their group and the real story will start spinning from within them and into the public domain.It’s sad for the minion but that’s how sometimes the truth will surface.Another point is the ill-doer will run away into oblivion just before PR took over Putrajaya.Double sad for Teoh family.So YES to RCI now.

  13. #13 by HJ Angus on Thursday, 6 January 2011 - 11:23 pm

    maybe that is why the Witness Protection Act was considered?
    – in conspiracy theory mode…

  14. #14 by monsterball on Thursday, 6 January 2011 - 11:35 pm

    AG is a puppet…and few Judges need to watch over their rice bowls and families to make sure the do not offend AG and Najib.
    That’s how I take the judgment made by this judge .

  15. #15 by tak tahan on Thursday, 6 January 2011 - 11:42 pm

    Hai HJ Angus,

    Not sure though about this witness protection act will help when RCI is conducted later.I’ll leave for othesr to comment.

  16. #16 by HJ Angus on Friday, 7 January 2011 - 12:01 am

    If you observe how a mere State Secretary was able to sabotage the Selangor Mentri Besar, be assured the authorities are experts in the field of “tai chi” or maybe that is an insult to the martial arts.

  17. #17 by tak tahan on Friday, 7 January 2011 - 12:11 am

    Got it HJ Angus.Just could’t figure out just now how this RCI is formed or by which authorites.

  18. #18 by Taxidriver on Friday, 7 January 2011 - 2:05 am

    Sorry lah. No more revision of Coroner’s finding. We cannot be 100% sure it was homicide. Neithe can we be 100% sure it is sucide. It is better to err on the side of Law than to convict and punish an innocent person. So, there is no point to have a RCI because in the end they too cannot come up with conclusive evidence to say it is homicide or sucide ……TAMAT ( FILEM NEGARA MALAYSIA )

    Vote UMNOB/BN out and re-open the case. Don’t let murderers get away.

  19. #19 by dawsheng on Friday, 7 January 2011 - 2:18 am

    Teoh Beng Hock’s case is but one of many causes celebres that warrant RCI, if history is anything to go by, it will be a futile attempt to establish the real story behind all this tragic deaths. The RCI will only lengthen the anguish of victims’ families, a mere political tool for with only one result at the end, to justify heinous crimes without criminals. Do something else other than RCI please.

  20. #20 by johnnypok on Friday, 7 January 2011 - 5:32 am

    Sooner or later, there will be no law and order, no need police report, no need to investigate, no need lawyers, no need court-house, no need to educate people any more … just follow the law of the jungle … like now.

  21. #21 by Bigjoe on Friday, 7 January 2011 - 8:10 am

    You really have to wonder why the Cabinet itself is trying so darn hard to avoid investigation. Anyone who actually does mostly honest work will tell you that in cases such as this, better to just find the culprit or the truth and let the chips fall. The only reason not to pursue this is because the guilt/implications goes all the way up to the highest level.

    TBH death just like PKFZ is politics in this country and the very core of how this country is run – the corruption, the waste, the abuse at the highest level. Its no just a murder case anymore.

  22. #22 by monsterball on Friday, 7 January 2011 - 8:24 am

    How he died….we all know.
    Why he died…we all do not know as the Judge said…’No verdict”…means no solid conclusion.
    This means Teoh must rise up from the dead and speak for himself?
    No…we must seek wiser and more Judges to give us a conclusion.
    And you can never get that as long as Najib is PM.
    Just look at the 5 Royal Commissioners comprising of ex Lord Presidents and prominent high court judges..saying Mahathir lied 14 times at the Lingam’s case.
    What happen? NOTHING.
    There is no justice as long as Najib is PM.
    Don’t waste your time to think come…like this and that.
    It’s about CORRUPTIONS and CROOKS…that all cannot admit their crimes or accept proper legal proceedings to prove they are innocent.
    They are guilty as hell..and is fighting to save their lives..using the power given to them by selfish voters.
    Lets wait 13th GE and speak with a louder united voice with our throw Najib out.
    That’s all we can promise to Teoh’s family.

  23. #23 by yhsiew on Friday, 7 January 2011 - 9:06 am

    We have seen some RCIs being conducted lately e.g. RCI on PDRM and RCI on the Lingam tape. But did the government ever take these RCIs seriously? Didn’t they become mere academic exercises finally?

  24. #24 by Thor on Friday, 7 January 2011 - 9:37 am

    It’s getting out of hand here!
    First they controlled the police.
    Then the MACC, AG, EC, and judges.
    Now, even the rulers are blindly supporting them even if they knew they’re on the wrong side.
    They’ve been “robbed” of their powers and respect and they still prefer to take sides with them.
    What a country is this???
    Looks like PR is at the dead end for now.
    Only hope are from us and our loving creator.
    We just can’t give up easily as the “war” is not really over yet.
    Win or lose, it’s up to what fate lies ahead and let’s not predict nor speculate.
    Just remember how the chinese won back China during the opium war.
    More power and people from the enemy side doesn’t meant that they are guarantee to win.
    Our “enemy” here have no conscience but most of us here still do have.
    Just remember that every money that Jibby “throw” and bribe are putting a pressure and burdening us.
    Only a handful will not realised it but it won’t be long that we can feel the “pain”.
    Umno is fully desperate and they’re rubbing salt on their wound.
    Let’s be patience and wait for “pay back” time where we can “thrash” those UmnoBN buggers out.
    Pakistan, Phillipines, Indonesia, U.S, Taiwan and Japan have done it so why can’t we?
    Let’s show to Jibby and gang that we’re not a “1 fake Malaysian”!

  25. #25 by Taikohtai on Friday, 7 January 2011 - 9:59 am

    If the Malaysian government is sincere about getting to the bottom of the truth, then it should get a retired judge from another Commonwealth country to head the RCI. But having moved mountains and earth to muddy the case, BN is adamnant that the dirty tracks of MACC should remain covered. The dirty war goes on.

  26. #26 by loveandgratitude on Friday, 7 January 2011 - 11:40 am

    Doesn’t SURPRISE most of us Rakyat regarding the OUTCOME.

    Judiciary has not be INDEPENDENT in their Judgements.

  27. #27 by negarawan on Friday, 7 January 2011 - 11:46 am

    KUALA LUMPUR: The MCA, in extending its sympathy to the family of 30-year-old political aide Teoh Beng Hock, said politicising the tragic incident would only prolong the suffering of the deceased’s family.

    Party president Datuk Seri Dr Chua Soi Lek said the MCA central committee would discuss the matter at its meeting on Tuesday before deciding on how to move the case forward.


    MCA is a big joke! PR is not politicizing this case but their WORKING on it. Chua Soi Lek and his useless MCA troops should just bury their heads in the sand. MCA is nothing more than a political eunuch of UMNO!

  28. #28 by Taxidriver on Friday, 7 January 2011 - 12:02 pm

    Here PR and all fair minded rakyat are fighting for justice for the family of TBH and out comes CSL to tell us not to turn the case into a political issue! What stupid head the MCA have.

    CSL should go tell TBH’s family that the case is closed and the BN Government have done everything possible to seek justice for them but according to the the Laws of the country to see their reaction.

  29. #29 by the reds on Friday, 7 January 2011 - 12:54 pm

    I wonder Soi Lek would say the same if the victim is his family member?

  30. #30 by yhsiew on Friday, 7 January 2011 - 1:00 pm

    MCA Youth joined forces with Perkasa to protest in front of the Selangor government building instead of going to court to hear the inquest verdict on Teoh’s death. This is the kind of support MCA gave to Teoh’s family.

  31. #31 by dagen on Friday, 7 January 2011 - 1:11 pm

    An open verdict accompanied with opinions of “not suicide” and “not homicide” is pure nonsense. They are mutually exclusive. In the circumstances, either one or the other must be the real cause of teoh beng hock’s death. Both cannot be ruled out at the same time. This is unlike “not tall” and “not short” description.

  32. #32 by k1980 on Friday, 7 January 2011 - 1:59 pm

    The verdict should be “fratricide”- the killing of a Malaysian by his brother Malaysians. The penalty of that crime is death by hanging.

  33. #33 by Loh on Friday, 7 January 2011 - 11:07 pm

    ///Najib: RCI will not probe cause of death
    S Pathmawathy | Jan 7, 11 11:47AM
    UPDATED 2.40PM A royal commission of inquiry has been set up to look into whether MACC had violated Teoh Beng Hock’s human rights.///–Malaysiakini

    Hi Mr Najib is violation of human right more important than violation of human life? If RCI is to be established, it saves no money or time to restrict the scope of investigation, since 5 billion is no object to build image like tallest tower, and 18 months have been spent on the inquest. Any limitation of the scope of enquiry serves only one purpose; it hides whatever you are afraid would be revealed.

    Najib said that he would leave no stones unturned, now he turns only those stones that do not help to hide the identity of the murderers.

  34. #34 by Loh on Saturday, 8 January 2011 - 12:38 am

    ///PUTRAJAYA, Jan 7 — Prime Minister Datuk Seri Najib Razak cast doubts today on allegations that senior Cabinet Minister Datuk Seri Rais Yatim had raped his maid in 2007.
    In calling for an end to speculation on the case, the prime minister questioned why the matter was suddenly raised recently although the incident had allegedly taken place over three years ago.

    “We cannot prejudge and pronounce anything against someone unless proper investigation is done.

    “In any case, what happened was in 2007. The question is why now?” he told a press conference at his office today.

    Najid urged all parties against speculating on the matter, pointing out that Rais had already responded to the allegations.

    “He has made a statement. He stands by his statement and he is willing to be investigated so let the process take its course,” he said.

    Rais, the Information, Communications and Culture Minister, issued a public statement yesterday to deny reports that he had raped his Indonesian maid in 2007.///–Malaysiainsider

    Najib pretended that the issue was only raised now of what happened in 2007. Well the cover-up can only hold the lid down for sometime. Just like the Altantuja murder case, the motive of the murder has yet to be established, and so the masterminds are still a large. It seems that the body was c4 so that DNA test on the foetus could not be carried out. Some one was afraid that the foetus did not match the DNA of Razak Baginda, but somebody else, though Razak Baginda was her boyfriend. Was Razak Baginda afraid to be embarrassed that his girlfriend slept with other person? But the trial concluded that Razak Baginda was not the mastermind. Who then is?

    Yes we cannot say that MACC murdered TBH if proper investigation has not been conducted. We cannot dispel our suspicion that MACC investigators were involved in the death of TBH unless proper investigation is carried out. The absence of investigation does not equal the evidence of non-involvement.

    Rais Yatim denied the report. He did not even say it in a mosque on oath, like Najib did. But then Non-Muslims may not believe in oaths taken in a mosque.

    The question of willingness to be investigated by the suspect strictly does not arise, as in rule of law, nobody is above it. It is the unwillingness of the PDRM to investigate the cause to the death of TBH that infuriates us. Does Malaysia practises not rule of law but rule by law?

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