Archive for category Teoh Beng Hock

Merdeka! Are we truly free?

Jeswan Kaur
Free Malaysia Today
August 31, 2011

Corruption, nepotism, cronyism and the abuse of the judiciary and legislation have marred the significance of Aug 31.

COMMENT

Aug 31 is a day of reflection, of taking cognisance of the fact that the country’s independence or Merdeka can no longer be taken for granted, that too by the “keepers” of this nation.

Regrettably, it is the “powers that be” that have marred the meaning of Merdeka. Corruption, nepotism, cronyism and the abuse of the judiciary and legislation have marred the significance of Merdeka, especially for the younger generation.

Instead of imparting profound meaning to Malaysians, Aug 31 had been reduced from the sublime to the ridiculous by the power-hungry and “self-first” politicians-leaders of this country.

The fact is Malaysia is “independent” but only in name, not in act. The existence of draconian laws that are continuously abused by the “powers that be” to safeguard its position have turned the understanding of Merdeka into a laughing stock. Read the rest of this entry »

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TBH ‘suicide’ finding: The impossible does not happen

By CT Wong | 19 August 2011
CPIAsia

Extracts from Teoh Beng Hock Royal Commission of Enquiry:

Decision on the second term of reference:

[119] Having considered all the evidence in its entirety, we found that TBH was driven to commit suicide by the aggressive, relentless, oppressive and unscrupulous interrogation to which he was subjected by certain officers of the MACC who were in the ongoing operation by the Selangor MACC on the night of the 15th and into the morning of the 16th.

– Forensic psychiatric aspects

[233] Tormented by this predicament, TBH experienced a change in his state of mind. And in a matter of hours, this change transformed him from being in the low-risk group for suicide into the high-risk group. The doubts, extreme emotional conflict and the immense feeling of guilt were all intolerable. Finally, precipitating the irreversible crisis that happened to him between 3.30am and 7.00am on the 16th, was the last straw that broke the camel’s back. Finding no viable strategies to surmount the hurdle of accusations levelled, he found himself unable to escape from the suffocating quagmire in which he was trapped. TBH would have felt trapped and have succumbed to despair. Since the window on the 14th floor was either open or could be easily opened and it was conspicuous and easily accessible near where he was on the sofa outside Nasdzri’s room, TBH would have found that the only way for escape from the torment he was undergoing was by jumping out of the window, even though it meant taking his own life….”

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Great flaw of TBH RCI report – failure to affix responsibility for TBH’s death on MACC despite evidence galore

A great flaw of the Teoh Beng Hock (TBH) Royal Commission of Inquiry (RCI) report is its failure to affix responsibility for Beng Hock’s death on the MACC although there were evidence galore before the RCI proceedings.

It was not just persons, namely various MACC officers led by Hishammuddin Hashim the then Selangor MACC Deputy Director and the “mastermind” of the illegal and massive 33-officer MACC “operation”, who must bear responsibility for Beng Hock’s death but also the institution of MACC as well.

The RCI report only made oblique references to the MACC’s role and responsibility for Beng Hock’s death without going for the jugular to pinpoint directly to MACC’s liability and responsibility.

This is most unsatisfactory and an abdication of responsibility of the TBH RCI on its specific term of reference “to enquire into the death of Teoh Beng Hock and the circumstances surrounding and contributing to his death”. Read the rest of this entry »

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Who killed Teoh Beng Hock?

The burden of proving that Teoh’s death was an accident lies on those who had held him at the MACC

By N H Chan

Recently (see my article “If you put the cart before the horse” or “Cart and Horse” depending on where you have read it), I wrote about the unfounded conclusion of a befuddled Royal Commission of Inquiry that Teoh Beng Hock was driven to suicide while he was in the custody of the MACC.

One still wonders how such a conclusion could ever have been reached by the RCI without any evidence to support it whatsoever! Such evidence requires the opinion of an expert – which is a relevant fact under section 45 of the Evidence Act – to say that Teoh was driven to suicide as a direct consequence of the third degree method of interrogation inflicted on him by the police while he was in the custody of the MACC. It is because the finding of the RCI that Teoh was driven to suicide was unsupported by any evidence that we all realized how silly had been those judges who sat on the Royal commission. Those three judges have since become the laughing stock of the nation! Read the rest of this entry »

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Time for CSL and MCA Ministers to declare whether they agree MACC and MACC officers must be held responsible for TBH’s death

The time has come for the MCA President Datuk Seri Chua Soi Lek and the four MCA Ministers to end being “dumb and deaf” and declare whether they agree with the Bar Council that the Malaysian Anti-Corruption Commission (MACC) and MACC officers must be held responsible for Teoh Beng Hock’s (TBH) death at the MACC headquarters in Shah Alam on July 16, 2009.

The Bar Council submission to the TBH Royal Commission of Inquiry made public yesterday had recommended that five MACC officers be investigated under Section 304A of the Penal Code for culpable homicide not amounting to murder for the death of TBH, viz: former Selangor MACC deputy chief and “mastermind” of the massive and unlawful 33-men MACC operation which resulted in Beng Hock’s death, Hishamuddin Hashim; Selangor MACC investigations chief Hairul Ilham Hamzah; investigation officer Mohd Anuar Ismail, interrogation officer Mohd Ashraf Mohd Yunus and Klang MACC assistant enforcement officer Zulkerfly Aziz.

The five should also be investigated under Section 304A of the Penal Code for causing Teoh’s death by negligence. Read the rest of this entry »

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AG – why the alacrity to prosecute the PSM EO6 while total immobility to charge MACC officers for a pile of crimes and unlawful actions exposed by Royal Commission Inquiry into Teoh Beng Hock’s death?

The Attorney-General Tan Sri Gani Patail should explain why the alacrity with which he wants to prosecute the PSM EO6 in contrast with his total immobility to charge Malaysian Anti-Corruption Commission (MACC) officers for a pile of crimes and unlawful actions as exposed by the Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s (TBH) death?

Yesterday, The PSP EO6 including the Sungai Siput Member of Parliament Dr. Michael Jeyakumar who were released last Friday from detention-without-trial Emergency Ordinance were charged in the Butterworth Sessions Court under the Internal Security Act and the Societies Act with possessing subversive documents and assisting an illegal organization.

However, there are no signs whatsoever that the Attorney-General is taking any action or shown any interest in the report of the James Foong Royal Commission of Inquiry into Teoh Beng Hock’s death, in particular in the shocking RCI revelations of the pile of crimes and unlawful actions committed by MACC officers in the MACC massive operation resulting in Beng Hock’s death.
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Cart and horse

NH Chan
(www.loyarburok.com)

Jul 31, 2011 JULY 31 — The MACC knew at the outset that without a confession from Teoh Beng Hock they would be unable to prove any wrongdoing against the state government of Selangor.

However, the RCI concluded that the MACC tried to extract a confession from Teoh Beng Hock but the ruse backfired when instead the RCI pointed its finger at the perpetrators at the MACC with a finding that it was the MACC’s own personnel who had driven Teoh Beng Hock to suicide.

Don’t you think this looks like a scenario for a whodunnit or a Hollywood movie?

One wonders how silly can the three judges get, when they should have known better? There were three superior court judges in the panel of the Royal Commission of Inquiry – in fact the RCI was headed by a Federal Court judge! All that the judges have to do – when they have to deal with expert witnesses – is to refer to section 45 of the Evidence Act 1950. It is as simple as that. Read the rest of this entry »

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Najib’s credibility still ‘in tatters’ despite PSM6 release, says Lim

By Shazwan Mustafa Kamal
The Malaysian Insider
Jul 30, 2011

KUALA LUMPUR, July 30 — Lim Kit Siang today reminded Datuk Seri Najib Razak that his credibility as Prime Minister was “in tatters” due to his administration’s gross mishandling of several issues, and said that the release of the six Parti Sosialis Malaysia (PSM) members from their Emergency Ordinance (EO) detention yesterday did not change anything.

The Prime Minister has insisted that the release of the PSM members, including Sungai Siput MP Dr Jeyakumar Devaraj was done according to the due process of the law, and that it was made by the police based on “their observations.” “It was his greatest failure of leadership as Prime Minister leaving his credibility in tatters — which is why his claim yesterday that the release of the PSM6 under the Emergency Ordinance was in accordance with the rule of law was met with nation-wide derision.”

“Najib cannot be more wrong if he thinks that he had restored his credibility with the release of the PSM6 yesterday,” said Lim in a statement today. Read the rest of this entry »

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6 reasons for high-level special investigations squad to break “blue wall of silence” of MACC officers to pinpoint TBH’s killers

The James Foong Royal Commission of Inquiry (RCI) into the death of Teoh Beng Hock (TBH) that “TBH was driven to commit suicide by the aggressive, relentless, oppressive and unscrupulous interrogation by certain officers of the MACC”(Para 119) is not acceptable as it is mere speculation and not backed up by evidence.

There are however six reasons from the RCI report why a high-level special investigation squad should be formed to break the conspiracy of “blue wall of silence” (RCI Report) of Malaysian Anti-Corruption Commission (MACC) officers to pinpoint and to bring to book Beng Hock’s killers.

1.The TBH RCI was most scathing in its indictment of the character and testimony of the MACC officers especially from Selangor at the RCI. Apart from two brave and truthful souls from Selangor MACC, i.e. Azeem Hafeez Jamaluddin and Azlan (Para 176), the TBH RCI virtually dismissed the rest as a pack of liars led by Hishamuddin Hashim (HH), the “mastermind” of the massive and unjustified operation which resulted in TBH’s death. Read the rest of this entry »

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RCI is utterly wrong to label TBH death as suicide

By Dr Chen Man Hin, DAP life advisor

The decision of the Royal Commission of Inquiry into the death of Teoh Beng Hock to declare it a suicide is unconscionable and unacceptable to the people who want justice for Teoh Beng Hock and his family.

An incredulous roar of disapproval erupted throughout the country, when the Royal Commission of Inquiry into the death of Teoh Beng Hock announced their verdict that his death was due to suicide.

‘IMPOSSIBLE’ the people said. There was no earthly reason for TBH to commit suicide. He had everything going for him. He was getting married the next day to a wonderful girl and he was going tob e a father, he was holding a good job and faces a bright future. Yes, he was due for questioning by MACC today, but only as a witness and not as a suspect, and only for a few hours. He was the most unlikely candidate to be suicidal.

Unfortunately, TBH after a day of questioning by MACC officers on day 15th, he was found dead the next day 16th on the premises of MACC. There was a coroner’s inquest which returned an open verdict.
Read the rest of this entry »

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Axe AG, Mat Zain tells Najib

By Shannon Teoh
The Malaysian Insider
Jul 29, 2011

KUALA LUMPUR, July 29 — Datuk Mat Zain Ibrahim has called on Datuk Seri Najib Razak to sack Tan Sri Abdul Gani Patail for repeatedly failing to initiate charges in high-profile cases such as the death of Teoh Beng Hock.

The former city criminal investigation chief said that the Attorney General would “try his best to trick his way to avoid prosecuting those who have clearly given false testimony” in the recent royal commission of inquiry (RCI) into how the former DAP aide fell to his death in a Malaysian Anti-Corruption Commission (MACC) office.

“For the sake of national interest and holding to the Rule of Law, we hope that the prime minister seriously considers using powers that only he possesses under Article 125 (3) and Article 145 (6) of the Federal Constitution to solve this long-standing crisis,” he wrote in an open letter to the Inspector-General of Police. Read the rest of this entry »

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Najib must honour his solemn undertaking to TBH family on 28.7.09 that “no stone will be left unturned” to find out the causes and circumstances of TBH’s death

Yesterday, the Prime Minister Datuk Seri Najib Razak said he left the decision of penalising the Malaysian Anti-Corruption Commission (MACC) trio named in the James Foong Royal Commission of Inquiry (RCI) on Teoh Beng Hock’s (TBH) death to the MACC, the police and the Attorney-General.

This is the supreme “passing-the-buck” by the Prime Minister which is as good as saying that no one would be held responsible for Beng Hock’s death.

In the first place, the TBH RCI did not just name three names but quite a list of MACC officers who not only committed a host of crimes, including perjuries at the Royal Commission of Inquiry and the TBH inquest but must be held responsible for Beng Hock’s death.

However, even for the three MACC officers concerned who have been suspended from investigations duties but not as MACC officers, namely Hishammuddin Hashim (Negri Sembilan MACC director who was at the relevant time Deputy Director Selangor MACC and “mastermind” of the massive operation based “on a mere belief and without supporting facts” from a telephone call resulting in Beng Hock’s death); Anuar Ismail the “IO” of the operation and Ashraf Mohd Yunus (described by RCI as “Ashraf the abuser” – “who was Machiavellian in his method to secure evidence”), nothing serious is expected apart from “slap on the wrist”!
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Teoh’s death: ‘Four new leads for police’

By Teoh El Sen | July 27, 2011
Free Malaysia Today

PETALING JAYA: DAP adviser Lim Kit Siang yesterday urged police to re-open investigations into the death of former political aide Teoh Beng Hock based on four new “leads” that the recently released Royal Commission of Inquiry (RCI) report revealed.

Lim, the Ipoh Timor MP, said police should be investigating Malaysian Anti-Corruption Commission (MACC) officers for perjury based on the report’s finding that named most of the
MACC officers as “liars”. Read the rest of this entry »

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RCI report: Gobind throws Gani a challenge

By G Vinod | July 27, 2011
Free Malaysia Today

KUALA LUMPUR: DAP national legal bureau chairman Gobind Singh Deo wants Attorney- General Abdul Gani Patail to explain why the three MACC officers found responsible for the death of Teoh Beng Hock cannot be charged under the Penal Code.

“If you can’t find anything under the Penal Code to charge them with, come debate with me and I will tell you how,” said Gobind.

Gobind said under the Federal Constitution, only the Attorney-General’s office has the power to prosecute anyone in a court for a criminal offence.

He was speaking at a forum attended by about 500 people at the Kuala Lumpur Selangor Chinese Assembly Hall here yesterday.
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RCI + inquest = ‘big, big mess’

By Teoh El Sen | July 28, 2011
Free Malaysia Today

PETALING JAYA: The Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s death, which released its findings in a report last Thursday, has created a “big legal mess” by generating more questions than answers, said prominent human rights lawyer Malik Imtiaz Sarwar.

Malik, who represented the Selangor government during the inquest and RCI, said rather than serving its original function to bring a closure to the issue, there are now different conclusions by the RCI and inquest.

“What has resulted is a big, big, mess. We have now a coroner’s decision and a RCI’s, which are saying different things. In law, the coroner’s findings is the determinative one,” the National Human Rights Society president told FMT.
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TBH inquisition reveals racist underpinnings

By CPI | 27 July 2011

What is most telling about the Royal Commission report on Teoh Beng Hock is its total neglect of the two major structural factors accounting for the tragedy – the Umno and MACC agenda convergence, and the racist character of the civil service.

These ingredients together created a scenario where it is difficult to escape the implications that our independent public institutions, like the Malaysian Anti Corruption Commission, are neither independent nor public.

It is unsettling to see the MACC operate as a tool of the state. It could be even more unsettling if there was perversion in the MACC’s function such that it resembles the interrogation unit of the secret police as found in some autocracies.

A deconstruction of events leading and consequent to the deadly outcome is necessary to assess the repercussions of Teoh’s tragedy.
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A sham that deceived Malaysia

By Marcus van Geyzel (loyarburok.com) | July 25, 2011
The Malaysian Insider

JULY 25 — As the news filtered in on Thursday that the Royal Commission of Inquiry into the Death of Teoh Beng Hock (“the TBH RCI”) had issued its findings, the conclusions seemed simple enough. The TBH RCI concluded that Teoh Beng Hock had been driven to commit suicide due to interrogation by 3 MACC officers in a manner that was “aggressive, relentless, oppressive and unscrupulous”. It seemed straightforward.

The newspaper reports of the findings were simple — after considering the evidence (70 witnesses, 750 pages of written submission, 19,200 pages of written testimonies, and 256 exhibits) before them, these learned members of the TBH RCI had come to this clear conclusion.
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Those whom the gods would destroy, they first make mad

By Zaharom Nain | July 27, 2011
The Malaysian Insider

JULY 27 — Many of us have long been opposed to monopolistic or oligopolistic control of institutions, including media institutions. More often than not, critiques of such control have been levelled at large corporations or moguls. Indeed, such concentration of control often invariably leads to lack of transparency and, of course, of accountability.

Hence, many who are concerned about media freedom and democracy are currently pleased, if not absolutely thrilled, with the reports about the closure of Rupert Murdoch’s News of the World (NOTW).

This, and the current revelations about the alleged dirty tricks employed by NOTW reporters and top executives, evidently now put Murdoch’s global media empire under much scrutiny and under threat.
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Teoh Beng Hock – unresolved death

Zunar -- Teoh Beng Hock - unresolved death

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AG must go if MACC trio not charged, says DAP

By Shazwan Mustafa Kamal | July 27, 2011
The Malaysian Insider

KUALA LUMPUR, July 27 — DAP has given Tan Sri Abdul Gani Patail an ultimatum: Either prosecute the three Malaysian Anti-Corruption Commission (MACC) officers linked with Teoh Beng Hock’s death or resign as Attorney-General.

MACC announced on Saturday the temporary suspension of the three officers named in the Royal Commission of Inquiry (RCI) report — former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus — pending the outcome of an internal probe.

The commission also said yesterday that it will only probe the three officers, and has remained silent on extending investigations to other officers in connection to this case.
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