A-G's Chambers asks police to reopen investigations into Teoh Beng Hock's death
NST Online
New Straits Times18 July 2018
KUALA LUMPUR: The Attorney-General’s Chambers has asked the Inspector-General of Police to reopen investigations into the death of Teoh Beng Hock.
Ramkarpal Singh, who is the lawyer for Teoh’s family, said the A-G’s Chambers had written on July 17 to IGP Tan Sri Mohamad Fuzi Harun asking for further investigations into the death of the then aide to Selangor assemblyman Ean Yong Hian Wah.
“(This) is a positive development in the matter and we hope that such investigations reveal those responsible for Teoh's death, especially since the Court of Appeal has made a finding that there were others involved in the same case,” he said in a statement.
The A-G’s Chambers decision comes following a letter written by Messrs Karpal Singh & Co on July 6 enquiring if the case would be reopened.
Teoh had fallen to his death at the Selangor Malaysian Anti-Corruption Commission (MACC) office in 2009, having been called there for questioning to assist investigations into a corruption case.
Magistrate Azmil Muntapha Abas, acting as coroner, had delivered an open verdict two years later, saying that the death could neither be ruled a suicide nor murder.
A Royal Commission of Inquiry that same year ruled that Teoh had been driven to suicide, laying the blame on intensive interrogation by three MACC officers.
However, in 2014 a Court of Appeal panel overruled the open verdict, blaming persons unknown for the death. © New Straits Times Press
CASE BACKGROUND
https://cilisos.my/how-the-teoh-family-successfully-sued-the-gomen-for-their-sons-death/
HOW THE TEOH FAMILY SUCCESSFULLY SUED THE GOMEN FOR THEIR SON’S DEATH
Six years ago, a political aide named Teoh Beng Hock walked into the MACC office for interrogation. It was the last time he was seen alive. He was found dead the next morning on the rooftop of a building adjacent to the MACC offices.
But after six arduous years, on 12 May 2015, his family finally got some form of acknowledgement from the Government over his death. The Government has agreed to pay RM600,000 in damages and RM60,000 in costs to the family.
*From here on we’ll refer to Teoh Beng Hock as TBH
Screenshot of headline from The Malay Mail Online. Click to read full article.
How exactly did the lawyers get the Malaysian Government to compensate for his death? CILISOS spoke to Gobind Singh Deo, MP of Puchong, son of the late Karpal Singh, and lead counsel for the victim’s family.
But first, how this man ended up on the pavement under mysterious circumstances
At that time, he was only 30 years old. Image from Loyar Burok.
Teoh Beng Hock (20 April 1979 – 16 July 2009) was a former journalist with Sin Chew Daily before he joined politics. His sister Lee Lan recalls how Beng Hock was excited for the country’s future after the 2008 political tsunami…
“When Ean approached him to become his political aide after Pakatan Rakyat took over the Selangor government, he accepted. I remember him coming home saying that he was very happy with the political changes in the country. For once, he felt there was hope for change as Pakatan Rakyat had formed the state government in Selangor after the 2008 general election.” – Teoh Lee Lan, sister of TBH, TBH Trust For Democracy
Then on 15 July 2009, at about 6pm, the MACC took him into custody at their offices on the 14th floor of Plaza Masalam, Shah Alam, to give a statement on corruption allegations against his boss, Selangor Exco Ean Yong Hian Wah. The next morning, TBH was found dead on the 5th floor landing. He had apparently fallen out of a window…
This was how they found TBH. Image from legalandprudent.blogspot.com
The investigation of how it happened was long and complicated. They brought in Thai and British forensic pathologists Dr. Pornthip Rojanasunand and Dr. Peter Vanezis. Apparently there was no CCTV installed in the room where he was interrogated. There was evidence that he may have had pre-fall injuries, there was evidence of fingerprints at the window, but it was dusty so the police couldn’t use it. Then the window on the 14th floor had a broken latch… Very confusing.
Plaza Masalam where the old MACC office was. Image from The Star
MACC claimed they only interrogated him for 9 hours (as a voluntary witness) and let him leave at 3.45am. But somehow his possessions, including his mobile phone, remained in their custody. When his other colleagues (who were also interrogated) spoke of their experiences, they related that MACC officers put them under pressure, like being denied access to lawyers, food and drink.
And so the long process of fighting for justice for TBH began. On 29 July 2009, Gobind Singh Deo, along with his late father Karpal Singh, SN Nair and Lim Lip Eng represented the Teoh family in court pro bono, which means voluntarily and without payment.
“We do take many cases pro bono. This was one where it was….. just a terrible injustice to the family. The manner in which they were treated, the difficulty they went through, all the politics… Mr. Karpal and I looked at his family and we offered whatever help we could.” – Gobind
Gobind shaking hands with Lee Lan. Image from The Rocket
Coroner Azmil Muntapha Abas began investigations into the cause and way he died, but it took 18 MONTHS to arrive at a verdict. Even so, his answer was vague, saying that TBH’s death was neither a homicide, nor a suicide. Bowing to public anger, the Government also agreed to set up a Royal Commission of Inquiry (RCI). The report that the RCI released on 21 July 2011, claimed TBH had committed suicide due to aggressive questioning.
But how can TBH’s family and friends accept that, believing he would NEVER have done such a thing?
A forensic psychiatrist said it was impossible TBH could have committed suicide. He had plans. He was going to marry his fiancée Soh Cher Wei, who was already 2 months pregnant.
Soh Cher Wei with her son Teoh Er Jia. Image from teohbenghock.org
So, Gobind and the family continued fighting in court. They fought on TWO fronts:
1. Firstly, they sued for negligence…
So this is fighting it from a CIVIL angle:
“We sued the 10 officers who held TBH, the MACC and the Government. In the process of working on this case, a civil suit came up. You see, civil and criminal cases are different. For criminal cases, the police take action and a person either gets fined or jailed. For civil cases, you get awarded compensation.” – Gobind
Gobind Singh Deo and Teoh’s family surrounded probably by reporters. Image from DAP’s Facebook.
In layman terms, Gobind told us it would go something like this: If you are driving a car, you have the responsibility of being alert on the road. In a split second if you lose focus and knock into another car, that is NEGLIGENCE. So that is a civil case, not criminal.
“So the MACC officers should have taken care of him. They were responsible for his safety while he was in their custody. But they were negligent.” – Gobind
And this was the case that they WON. As we mentioned above, the Government has admitted to negligence and agreed to award compensation of RM600,000 in damages and RM60,000 in costs.
*Gobind explained that ‘damages’ means the amount of compensation, and ‘cost’ is for the money spent on lawyer fees, documentation, etc.
To Gobind, it wasn’t about the money. Although he said, the money of course can be used for TBH’s wife and son, or for his parents to use. What was more important to them is to get the acknowledgement. That’s why the family agreed to this settlement. “So the federal counsel is accepting responsibility for what happened. After 6 years of fighting, we’ve come to a point where they’ve acknowledged responsibility,” he added.
But with all the money in the world, can it ever replace the loss of a loved one?
Beng Hock (right) with Teo Nie Ching, MP of Kulai. Image from The Nut Graph
You’re probably thinking, RM600,000 for a man’s life? How is that fair?? Unfortunately, that’s the way the legal system works.
“We abound by Malaysian law in terms of compensation. We took legal opinion and the family was advised the amount was the best they can get.” – Gobind
In calculating the compensation, this is how the courts usually do it:
They took into account that TBH would have worked up to the age of 60, so that’s the amount they get. “The law is mean. The calculation is not practical at all. This has shown that a life is equivalent only to RM600,000. Life is so cheap. I feel much regret about this,” Lee Lan said. A report shows this settlement may not be entirely what the family wants, but they had to either accept it, or the case will drag on and on.
BUT… It. Wasn’t. Over.
Then they sued for assault and battery…
So this is fighting it from a CRIMINAL angle.
Here’s Lee Lan, all fired up. Image from Malaysiakini
In Malaysiakini’s report, Lee Lan vowed that the MACC had not seen the last of the family.
Unexpectedly, on 5 September 2014, the Court of Appeal made an amazing landmark judgement… Remember the vague answer given by the coroner? Well, the Court of Appeal overturned it and ruled that it was NOT suicide! “They found that his death was caused by persons unknown. So they conducted the police to probe and charge those who are responsible,” explained Gobind.
“Every effort must be made to track down the perpetrator or perpetrators in a thorough police investigation. No one should be spared in the investigations so that there will be no allegations of a cover up.” – Justice Mah Weng Kwai, one of the 3 Court of Appeal judges, The Star
In other words, someone must be responsible for his death, now you police go catch them and bring them to justice!
TBH’s family in front Court of Appeal. Image from mahwengkwai.com
Now, the ball is in the police’s court
“Having secured this judgement was our first victory. It’s a landmark case, where we can now push for criminal prosecution.” – Gobind
The Court of Appeal has done a good thing, in that they’re ordering the police to find whoever is responsible and bring them to justice. But what’s the update from the police? According to Gobind, it’s been more than 8 months since the ruling and so far, they haven’t gotten anything much. Even though the police said they’ve set up a special task force to investigate. The only thing the family can do now is wait.
Screenshot from The Malay Mail Online
On the other hand, the unexpected ruling by the Court of Appeal has been a game-changer in Malaysia.
“It has changed the law relating to inquest, in order to prove that the Government is liable. That law has changed after TBH. Since then, the courts have been a lot more open.” – Gobind
*Inquest is called for by a judge to determine the cause of a person’s death when it is sudden or unexplained.
Gobind cites that there have been 3 or 4 other cases that called for inquest. One was the case of C. Sugumaran, a security guard who died after being chased by police officers, and another is 15-year-old Aminulrasyid Amzah who was shot dead by the police.
So… What happens to the MACC?
No choice take out wallet lor (which incidentally could be taxpayers’ money).
There’s probably no further answer we can give to that. As for the 10 MACC officers, life will probably go on as usual. In fact, last year, one of the MACC officers Mohd Anuar Ismail was promoted. As Gobind told us, the defendants have admitted to negligence, but no one has been sentenced to anything.
Screenshot from The Malaysian Insider
We asked Gobind which department or Ministry specifically would be paying the compensation and where will the money come from?
“The Government has funds la. Some from taxes or other sources. Some people might argue that it could come from public funds. We won’t know coz we don’t deal with that. They will forward payment through their lawyers.” – Gobind
But if there’s anything we learned about the Teoh family, especially Lee Lan, and the lawyers who have worked tirelessly in this case – the fight’s not over. Gobind says that they don’t want to waste the chance the Court of Appeal has given them. The judges had taken a lot of pains to go through the evidence thoroughly.
“I don’t think we’ll ever stop fighting. I don’t think the family will ever give up.” – Gobind
