Lim Kit Siang

Suspension of 3 officers held responsible by RCI for death of TBH too little too late

Too little and too late – that’s the general public reaction to the news yesterday evening that the MACC had finally succumbed after 48 hours of public outrage and increasing public pressure and suspended three officers held responsible by the James Foong Royal Commission of Inquiry for the death of Teoh Beng Hock at the MACC headquarters in Shah Alam on July 16, 2009 from further investigation duties pending an internal probe.

According to press reports, the three MACC officers suspended are:

1. Hishammuddin Hashim [“HH”]– Negri Sembilan MACC director who was at the relevant time Deputy Director Selangor MACC and “mastermind” of the 33-officer operation based “on a mere belief and without supporting facts” (RCI report Para 184) resulting in Beng Hock’s death.

This is what the RCI has to say about Hishammuddin:

“We found him to be arrogant, given to falsehoods, untruthful and uncompromising in his stand. His falsehoods, particularly of his non-active involvement in the entire operation at the material time, were exposed from the contradictory statements he made before us. But more compelling was the confirmation from two of his own officers, namely Azeem and Aziah who were brave enough to reveal towards the later part of our proceedings the actual role of HH in this operation despite the fact that HH was their superior and still holds a senior position in the MACC as director of the MACC Negri Sembilan” – Para 176;

2. Anuar Ismail [“Anuar”] – appointed by Hishammuddin as the investigation officer [“the IO”] of the operation which resulted in Beng Hock’s death;

3. Ashraf Mohd Yunus [“Ashraf”] – described as “Ashraf the abuser [who was Machiavellian in his method to secure evidence” (Para 226) and also in Para 158, viz: “From police records tendered in this inquiry by one DSP Kamaruddin Awang from the Selangor police criminal section, out of the twenty cases reported against the Selangor MACC officers for assault, Ashraf was involved in fourteen of them and was positively identified by a majority of those who had made the reports against him”.

The many questions demanding answers from the MACC include:

1. Why were only these three MACC officers suspended, when the RCI report named many more MACC officers who were responsible for Beng Hock’s death as well as guilty of a whole series of illegal and unlawful acts. Furthermore, they were also guilty of lying to the Royal Commission of Inquiry (which would mean that they had committed similar perjuries at the earlier Teoh Beng Hock inquest before Coroner Azmil Muntapha Abas). Why hasn’t action been taken against all the MACC officers implicated in the death of Teoh Beng Hock and for committing crimes and perjuries before judicial proceedings like the inquest and the royal commission of inquiry?

2. Why were these three MACC offficers only suspended from investigations duties, which means they remain MACC officers enjoying all the perks and privileges apart from being taken off investigation duties?

3. MACC is neither serious nor genuine when it declares that it accepts the RCI report with “open heart”, or it would have taken to heart the indictment of the MACC contained in the RCI report presenting a picture of utter lawlessness reigning in the MACC, particularly in Selangor, with MACC “law enforcement officers” themselves committing heinous crimes and not batting an eye lid telling lies after lies at the Royal Commission of Inquiry. Why hasn’t MACC immediately suspended these MACC officers from all duties as well as push for their arrest and prosecution for a host of crimes, including violating Section 193 of Penal Code which prescribe seven years’ jail and fine for giving false evidence at judicial proceedings i.e. Teoh Beng Hock RCI and TBH inquest!

This is why the MACC suspension of 3 officers held responsible by RCI for death of Teoh Beng Hock from investigation duties is “too little too late” – gravely inadequate and total mockery of the commission of heinous crimes by MACC officers described in RCI report.

The TBH RCI report was officially handed over to the Yang di Pertuan Agong on 22nd June, which means that the Attorney-General had over a month to study what follow-up action he should institute in discharge of his constitutional duties to prosecute MACC officers for commission of grave offences by a major law enforcement agency which should be upholding the law.

Why is there total silence from the Attorney-General Tan Sri Gani Patail?

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