Malaysians want a RCI into the cause of Teoh Beng Hock mysterious death and not just a RCI into MACC’s investigation procedures

The Prime Minister, Datuk Seri Najib Razak and all the Barisan Nasional Ministers have not got the message – what the bereaved family and justice-loving Malaysians want is not just a Royal Commission of Inquiry into the investigation procedures and methods of the Malaysian Anti-Corruption Commission (MACC) but a Royal Commission of Inquiry to uncover the cause of the mysterious death of Teoh Beng Hock.

Both the volume and intensity of the call for a Royal Commission of Inquiry into cause of Teoh Beng Hock’s mysterious death has increased many fold since the most unsatisfactory “Open Verdict” of the Teoh Beng Hock inquest on Wednesday.

Many Malaysians had in fact expected the worst as to whether Najib would honour his pledge to the Teoh Beng Hock family 18 months ago in July 2009 that “no stone will be left unturned” in finding out the real cause of Teoh’s death.

If Najib is sincere and serious that “no stone will be left unturned” to uncover why Teoh, who had gone to the MACC headquarters in Shah Alam as a healthy and idealistic political worker, happily looking forward to his impending marriage and unborn child, had ended up as corpse, flung out of the 14th floor of the MACC Headquarters on July 16, 2009, then the next natural and logical step to the “Open Verdict” returned by the TBH inquest would be for the Prime Minister to commission a Royal Commission of Inquiry to probe further into the cause of Teoh Beng Hock’s death following the inquest findings ruling out suicide and the very important testimony on Teoh’s pre-fall injury.

How could Teoh Beng Hock sustain any pre-fall injury at the MACC Hqrs when MACC officers had strenuously denied that they had used any form of physical violence against Teoh or anyone investigated or co-operating with MACC in its investigations?

When speculation circulated after the TBH inquest’s “Open Verdict” on Wednesday that the Prime Minister was mulling the establishment of a RCI following the revelation by the Minister in the Prime Minister’s Department, Tan Sri Dr. Koh Tsu Koon, I was most concerned that the RCI that Najib would be announcing would skip altogether the actual cause of Teoh’s death.

This was why I issued a statement yesterday pointedly reminding Najib that a RCI must not be just into the MACC’s investigation procedures without pursuing the cause of Teoh’s death as he had announced 18 months ago on 17th July 2009, as any RCI which left open the cause of Teoh death like the verdict of the inquest, would be most unsatisfactory and unacceptable.

It is most regrettable that this reminder had been completely ignored by Najib with his announcement today.

Najib also announced that the Attorney-Genneral Tan Sri Gani Patail is joining the Teoh Beng Hock family in seeking a revision of the Open Verdict of the inquest into Teoh’s death.

The Teoh Beng Hock family is seeking a revision of the “Open Verdict” because a case had been made out at the inquest that Teoh’s death was caused by homicide.

What is the Attorney-General seeking in his revision? Does he agree that the inquest should have returned a verdict death caused by homicide? Or is Gani Patail seeking a revision that the Coroner Azmil Muntapha Abas should have returned a verdict of suicide?

If the Attorney-General is seeking to revise the inquest verdict to one of “death by sucide” instead of ann Open verdict, is this the position of the Prime Minister and the Cabinet Ministers?

The Coroner had made the important finding on Teoh’s prefall neck injury, which is testimony that Teoh had been subjected to rough treatment and physical violence at the hands of MACC officers at the MACC headquarters, despite MACC denials of torture or violence in any form.

What Gani Patail should have done is to have exercised his powers and duties under the law to take action and direct the police to initiate investigations against those MACC officers who must be held responsible for Teoh’s prefall neck injury and to get to the bottom of the truth about the relationship of Teoh’s prefall injury to his death.

Gani Patail can act under Section 339(2) of the Criminal Procedure Code which provides that the Public Prosecutor may direct the reopening of “such inquiry and to make further investigation” when it appears to the Public Prosecutor that “further investigation is necessary” at the close of an inquest – a strong case which had been made by the Coroner’s finding on Teoh’s prefall injury.

  1. #1 by HJ Angus on Friday, 7 January 2011 - 5:11 pm

    Not that many years ago, another RCI was held to look into police procedures after the nude squat incident and the IPCMC was proposed.
    Unfortunately the BN government refused to implement it as it seems the PDRM were holding some trump cards.
    Now the PM proposes another RCI to examine MACC procedures. If only they had set up the IPCMC, we could have already put Teoh’s killer/s behind bars by now.

  2. #2 by boh-liao on Friday, 7 January 2011 - 5:29 pm

    NR gave us a pseudo RCI, play play 1 lah, c’est la vie in 1M’sia mah

  3. #3 by Thor on Friday, 7 January 2011 - 6:01 pm

    He would’nt dare to call for an RCI investigation into Beng Hock’s death because he’s hiding something.
    Just remember that he’s the most tainted PM of all time.

  4. #4 by yhsiew on Friday, 7 January 2011 - 7:13 pm

    A RCI in name without “substance” is no RCI at all.

    Why is the government so scared of establishing a genuine RCI? What is it trying to hide?

    The government must be impartial and must not be seen to protect the MACC.

  5. #5 by ENDANGERED HORNBILL on Friday, 7 January 2011 - 8:58 pm

    Just wondering what kind of monkey tricks this Najib and Ghani Patail are planning to do with the RCI on teoh Beng Hock.

    Hello, if u r honest, sincere and credible, why don’t u start with an RCI to investigate the black-eye blooper on Anwar by the AG as reported by the Investigating Officer for a start. If not, how can anyone believe you. The black-eye case has already been covered up for 12 years or so.

    U want to be honest, be honest throughout. Enuf of all that whitewash, it’s made the government look so ashened and asinine.

  6. #6 by negarawan on Friday, 7 January 2011 - 9:10 pm

    MCA and Gerakan has done nothing on TBH’s case since the beginning, and now Chua Soi Lek wants to “discuss the matter at its meeting before deciding on how to move the case forward”. This is exactly the useless type of people we don’t need as it’s all NATO. MCA and Gerakan are fully subservient to its political master UMNO.

    In the meantime, Perkasa is saying that the RCI is a waste of public funds and an insult to the courts. Well, past RCIs and the Malaysian courts have proven by themselves to be a waste of public funds and an insult to justice and integrity because of UMNO’s manipulation and corruption.

    It is also time for a “Chinese Perkasa” and an “Indian Perkasa” to be set up. Then every race in Malaysia will be equally perkasa, what say you Ibrahim Ali?

  7. #7 by limkamput on Friday, 7 January 2011 - 10:14 pm

    Damn you MCA and Gerakan, why is it that there is not even a word you from fellows? Damn you PAS and PKR, why is it that we still have not heard a word from you fellows. Damn you all. This issue should transcend race. TBH did not deserve this. Who were last seen with him? There is no need for RCI, it will only give them more time to fool around. Just investigate this case under murder and treat those last seen with him like common criminals and I can assure you the true will come out very fast.

  8. #8 by Loh on Friday, 7 January 2011 - 10:53 pm

    The coroner has accepted the expert opinion of Pornthip that it was not suicide and that TBH sustained pre-fall injuries. Najib through the AG now wants a different conclusion so that the death is not to be further investigated.

    The duty of the AG is to prosecute the suspects and to enforce the law. However the verdict is amended, the coroner would not be able to provide the names of killer, the suspects. It is the duty of the police to investigate. A person died in the custody of MACC and the body was found within falling distance from MACC building. Have the police found an answer to who cause the death? Would PDRM stake its reputation for inefficiency to protect MACC just because the most probable suspects are likely to be MACC employees. The police found the persons who caused the death of Altantuja but the AG failed to solve the murder case; the masterminds are still at large. AG seems to be keen to declare TBH death for NFA. Why does Najib stake the reputation of the government just to hide the probable fact that MACC employees used excessive force at interrogation, and they compounded the mistakes in hiding the injuries by making TBH appear to have committed suicide? That was what MACC wanted the coroner to believe when MACC lawyer acted out how he would strangle himself.

  9. #9 by tak tahan on Friday, 7 January 2011 - 11:05 pm

    I.wear.bra.him said RCI is a waste of public funds which is also inclusive of his daylight robbed money.He..llo bolehland’s perkosa,pls show your income revenue n tax receipts.When is your last stinky breath would be until we malaysian can have peace.

  10. #10 by monsterball on Friday, 7 January 2011 - 11:28 pm

    Najib is outwardly defending MACC… and needs to defend MACC ….as MACC is always defending him.
    It is a cult swearing to defend each other ..when in trouble.
    It is sort of blood brother sworn promise.
    And it is a open statement by Najib…as the appointed leader of the gang of thieves and robbers…to MACC not to give up faith in him….as he applies his twists and once again.
    Tons of pressure onto him…then only you can witness such an instruction…openly the delights of MACC.
    His promise to Teoh’s family was just lips service with no sincerity at all.
    Najib needs MACC badly…and you expect him to keep his promised to Teoh’s family..that …” no stone will be left unturned” ?

  11. #11 by the reds on Saturday, 8 January 2011 - 12:46 am

    Najib holiao… Try to fool and mislead Malaysian with “RCI “. If people do not read carefully, they will think Najib is a nice and super good PM. Even “The Star” mislead people with the title “Royal Commission to probe Teoh case: PM Najib”. Wat a disaster…..

  12. #12 by Cinapek on Saturday, 8 January 2011 - 1:34 am

    The moment Najib announced the setting up of the RCI, the immediate question in my mind was what deceit is he going to cook up. And I was not disappointed. Instead of the RCI going to get at the truth of how TBH died and if it was homicide, who was responsible, instead, the RCI’s term of reference was investigating MACC interrogation procedures and methods!!

    From the long drawn out inquest with all its dirty tricks by the MACC up to and including the alleged suicide note, now we have a charade of an RCI set up to divert attention away from getting the real truth. Clearly, right from the start of the inquest, the whole game plan was to cover up the truth. And we do not need to guess why the Govt was so desperate to cover up the truth of TBH’s death.

    Ibrahin Ali is right. The RCI is a waste of time and money if there is no sincerity to grant it the powers to find the truth. It will make a mockery of Najib’s pledge “to leave no stones unturned.” In fact, it is adding more stones to bury the truth.

  13. #13 by Taxidriver on Saturday, 8 January 2011 - 1:54 am

    If a RCI is set up and those responsible for the death of THB are punished, then in future nobody will dare to do the dirty jobs for UMNOB because their safety is not guaranteed. This will not benefit UMNOB. Besides, Najib himself has RCI-phobia. Remember the pretty Mongolian lass?

  14. #14 by Taxidriver on Saturday, 8 January 2011 - 2:20 am

    Who will head the RCI? Who will sit on the panel? If Najib dares to call qualified and independent professionals to be members of the RCI to show he is serious about seeking justice for TBH’s family, I promise him I will get all my family members to vote BN in every election. What more, I will also campaign for BN.

  15. #15 by johnnypok on Saturday, 8 January 2011 - 6:07 am

    “Royal Circus One” will entertain us for 3 months only, and more “Wayang-Kulit” shows will be staged … this is what to expect.

  16. #16 by yhsiew on Saturday, 8 January 2011 - 7:37 am

    ///MCA and Gerakan are fully subservient to its political master UMNO./// #6 by negarawan

    I fully agree. These are sycophantic parties. If they had the guts, they would have fought for a RCI even before Najib agreed to have one.

    Now after Najib agreed to establish a RCI, these parties quickly said they would help him to move the case forward. Aren’t they not a sycophantic, obsequious bunch of UMNO yes-men?

  17. #17 by HJ Angus on Saturday, 8 January 2011 - 7:39 am

    johnnypok :“Royal Circus One” will entertain us for 3 months only, and more “Wayang-Kulit” shows will be staged … this is what to expect.

    RCI=”Royal Circus One.”
    That’s a good one, johnnypok.

    If one reads most of the commentaries against the setting up of another RCI, you cannot help but realise that people are angry and frustrated that this BN regime has lost all credibility to govern.
    This is what happens when instead of getting to the root cause of any problem, the administration seems to create commissions etc to facilitate time-dragging activities in the hope that the issues will go away.
    Maybe they will produce a more talented actor than the MACC guy who wanted to prove the theory of self-strangulation?

  18. #18 by yhsiew on Saturday, 8 January 2011 - 7:43 am


    Aren’t they not a sycophantic

    should be

    Aren’t they a sycophantic.

  19. #19 by Jeffrey on Saturday, 8 January 2011 - 8:03 am

    ///Ibrahim Ali is right. The RCI is a waste of time and money if there is no sincerity to grant it the powers to find the truth./// -#12

    Ibrahim Ali/Perkasa’s opposition to Najib’s RCI is not based exactly on RCI being, without the political will to determine the truth, be a waste of time and public money…

    His reason likely was – in spite of the political will to cover up, RCI might end up spilling out too much!

    His reasons, according to the Malaysiakini report (Zaidatul Syreen Abdul Rashid | Jan 7, 11) – “(What) if this commission does work? What else will we establish next?” Ibrahim asked…Ibrahim adds that the establishment of the commission would also serve as fodder for the opposition.”

    Without thinking too deeply about this matter, my sense, of the cuff is that the RCI is, on balance & absence of alternatives, something better than nothing and public funds wasted is worth it.

    For one thing it is precisely for the reasons Ibrahim opposes it, I would support it!

    Was there more political will in Lingam RCI to find the truth?

    I don’t think so. The panel in Lingam RC were anticipated pro-establishment but they did come out with some startling conclusions implicating various people.

    True the govt had evinced no political will to act on Lingam RCI’s recommendations and in that sense it comes to nought & waste of money.

    However how do we know how many turned against the BN in 12th GE and voted for 308 Tsunami in part due to what they heard from the Lingam’s RCI’s deliberations???

    That’s why Ibrahim opposes an RCI because it’s potential to serve as fodder for the opposition is always greater than to serve as fodder for ruling coalition (esp when the subject enquired puts a govt institution like MACC on the defensive to exonerate itself…

  20. #20 by Jeffrey on Saturday, 8 January 2011 - 8:24 am

    Ultimately there are 5 variables to a publicized RCI:

    1. the way the RCI’s enquiry is framed;
    2. who’s on the panel sitting as commissioners;
    3. who’s called as witnesses
    4. who’s cross examining and
    5. overall effect of a well publicised deliberations of RCI.

    On 1 – It is true that justice to TBH is to ask who killed him. The criticism of the frame of reference of TBH’s RCI is that it is confined to an irrelevant and collateral question of “whether there were any violations of human rights by MACC when Teoh was hauled up for questioning two years ago.” However is the gap between the first and second question that wide???? Does not violation of his human rights during interrogation include killing him? How can one be sure how and where such a question when framed on human rights (including right to life) can lead to???

    On 2 – they will bring in retired judges. In Lingam RC Haidar was (if I were not mistaken) during 1988 Judicial crisis of 5 judges removed, the Registrar to Court helping on then CJ Hamid’s instructions to close the Court where the 5 judges tried to sit to help LP Salleh Abas. Yet in retirement when serving on Lingam’s RC, could anyone say he didn’t preside reasonably impartially?

    On 3 – not every witness (from MACC) is that dexterous as a former PM who said when cornered that he couldn’t remember. All we need is one Mat Zain!

    On 4 – there are representatives of civil society, Bar Council and other stakeholders to cross examine witnesses in an RC. They have an interest to find out the truth. The RC is the only forum that affords these people the opportunity to question, and upon the answers given, to question further.

    On 5- On 5, I have addressed in preceding posting, the possible effect on last GE (may be significant maybe no). The point is an RCI does not negate/derogate the option of the govt being pressed further to have the police investigate deeper due to what the RCI exposes (intentionally or intentionally). It may said that its no point because govt won’t direct police to investigate more; if it does so, the police also don’t want to investigate or if it wants to, the evidence already destroyed after lapse of nearly 2 years.

    If that’s the case then its either RCI or there’s nothing to take this matter forward.

    Is RCI a waste of time and public money? Its up to your point of view. I don’t think it’s necessarily so.

    A lot of unintended disclosure may be made for public knowledge depending on how the 5 variables play/interact Its precisely why Ibrahim/Perkasa opposes it – and precisely why I would say OK to it, in the absence of alternatives. Its not ideal but its better than nothing, and one cannot predict where it might lead to or what bearing it may have on next GE.

  21. #21 by negarawan on Saturday, 8 January 2011 - 8:36 am

    What is so “royal” whatsoever about these RCIs anyway? Just call them Commission of Inquiry.

  22. #22 by Jeffrey on Saturday, 8 January 2011 - 8:37 am

    Think about it: sometimes we need a seemingly indirect question like whether there was a violation by MACC of human rights or Teoh rights as a pretext to probe the real question whether any one there killed him and if so likely who. As far as i am concerned when one caused the pre-fall injuries as prelude to kill him thats within compass of the broad definition of violating TBH’s human rights, and human rights includes the right to liberty and life! Thats how I look at it if I were representing any stakeholder to cross examine th ewitnesses called.

  23. #23 by limkamput on Saturday, 8 January 2011 - 10:13 am

    All these long stories are a waste of time and energy and will only lead to meaningless conclusions. Did the Lingam’s RCI lead to anyone being charged. Did anyone of us become more enlightened after the RCI? Yes, lots of things were discovered, but did they make a difference? In fact, it has shown that those who have transgressed had continued to live comfortably without any ill consequence. It only emboldened the culprits to do even more. What that sob IA did is more than just worrying about “spilling out too much!” It shows defiance and arrogance and the message that that there is not a damn thing you fellows can do about it. Investigate those officers in MACC last seen with TBH; make them sit on ice and I am as sure as night following day that the truth will emerge in no time. To you great liberals out there, you may ask why sitting on ice. Well, that is at least not as worse as TBH.

  24. #24 by Jeffrey on Saturday, 8 January 2011 - 11:48 am

    ///Investigate those officers in MACC last seen with TBH; make them sit on ice..///

    Sure that is the most direct and proper course to be taken by the police to investigate a crime.

    But the police or someone whose will they defer to refuse to do it. For 2 years it has not been done. Even if no RCI is invoked, it does not look as if it will, for whatever reasons, be ever done. With the RCI, it does not mean that police cannot renew investigation simultanously though there is no assurance that they are intending to do so. However if the RCI discloses more facts implicating identifiable persons, then there public outcry will be more strident and greater public pressure will be brought to bear for police to act. Even then there is no of course no assurance that either police or govt would rent to public pressure but at least as far as the latter is concerned the ruling coalition has to risk losing popularity from some electoral quarters wanting to see justice done for TBH. That may or may not be effective in motivating the govertnment to do more.
    In the pluses are more than minuses in having RCI. Without it there’s nothing to go forward.

    If MACC were viewed a Malay institution by some quarters it is not surprising that Perkasa is not altogether too enthusiastic about a RCI that purport to scrutinise MACC’s procedures and methods in relation to human rights and the effect of public disclosure.

    On what may eventually be disclosed to the public, one could not have complete control and prescience of accurate prediction of what the RCI will bring out. At least in a RCI, they cannot control the stakeholder and their representatives present there who have a part to play in the questionings and probing.

    In police investigations, the control is fully under the authorities. They can say anything – including no evidence of foul play. If they can be depended upon to do the necessary, they ought to have done so 2 years ago instead of having the inquest.

  25. #25 by dagen on Saturday, 8 January 2011 - 11:49 am

    And now the royal commission of inquiry to look into the cause of teoh beng hock’s death.

    Chairman, tun tan sri dato seri prof dr monkey bin monyet.
    Members, tun tan sri dato seri kow tow and tun tan sri dato seri apapunok man.

    After 18months of hearing, open verdict overruled. Decision: No verdict. Suicide and homicide. Both. Maybe suicide. Then maybe homicide. But homicide more probable. Suicide is also very probable. Suicide in the middle of homicide also can. Like he was thrown out of the window and realising that the end must be near, he strangled himself dead before hitting the ground. Maybe homicide whilst suicide was in progress. Or both could well have taken place simultaneously i.e. while deceased was busy strangling himself with his own hands by his own neck, macc was also busy whacking something into his rear causing tear to his anus and massive injury. All possible.

    Jib’s got tower-power.
    Jib Jib Boleh!

  26. #26 by Jeffrey on Saturday, 8 January 2011 - 11:51 am

    “Even then there is of course no assurance that either police or govt would RELent to public pressure…”

  27. #27 by cskok8 on Saturday, 8 January 2011 - 12:24 pm

    So now that he has set up this pseudo-RCI he can go shouting to the masses, “Look they have demanded an RCI and I have given them one, still they are not satisfied.” Most people (especially those reading only newspapers and watching local TV) would not be aware of the limited scope of this RCI.

  28. #28 by limkamput on Saturday, 8 January 2011 - 12:34 pm

    When someone is found dead in your office or home, what did the police do? They will beat the sh!t out of you and in no time the truth will come out. Why can’t this case be done the same? Public pressure ought to apply on the police to do the criminal investigation from day one. RCI is only the second best, what more the investigation is only confined to procedural aspects. What if the findings show that the procedures were okay, it is just that someone like TBH was too soft to take the pressure and therefore decided to jump out of the window to kill himself. Can’t we see we are masters in legitimizing everything – we formed numerous MACC panels seemingly appointing men and women of distinction to safeguard transparency and good governance? See what happened to these prostitutes in three piece suits? They turned around and provide protection and justification for abuses and corruption to continue even more blatantly. Of course when the will is not there, what difference does it make whether we have inquest or RCI. We may as well just ask the most basic and the most effective – police criminal investigation.

  29. #29 by limkamput on Saturday, 8 January 2011 - 12:35 pm

    cskok8, precisely, just look at that farting Star newspaper spining on this.

  30. #30 by drngsc on Monday, 10 January 2011 - 1:01 am

    Why do you all want a RCI? I know it hurts for the family not to know the truth, but a RCI, only serves to “cleanse” the the culprit. DO YOU THNK AN RCI NOW WILL GIVES US THE TRUTH? Are we so naive? How many RCI have we seen, that have turn in nothing? It only serves as a PR exercise for them.
    Swallow ( I know that it is tough ) the pain, and change them. Then we may hope to find the truth. If we change them, we will find the truth. Be patient. In all struggles, there are sacrifices. We will not forget TBH’s role in our change. Let them act their shows, we will know the truth when Putrajaya returns to Malaysians.

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