THE Attorney-General's Chambers (AGC) has objected to Teoh Beng Hock's family's application for leave to seek a judicial review to compel police to investigate his death as murder.
Federal counsel Mohammad Salehuddin Md Ali, representing all respondents, argued that the application was filed outside the three-month time limit stipulated under Order 53 Rule 3(6) of the Rules of Court 2012.
The application was filed on April 17 by Teoh's elder brother, Teoh Meng Kee, and their parents, Teoh Leong Hwee and Teng Shuw Hoi.
The respondents named are the Inspector-General of Police, the Criminal Investigation Department director, the Royal Malaysia Police (PDRM), the Attorney-General and the Malaysian government.
Mohammad Salehuddin argued that the family had known since June 28, 2019, that police had classified the investigation under Section 342 of the Penal Code for wrongful confinement, rather than Sections 302 or 304, which deal with murder and culpable homicide respectively.
He said this was evident from a letter sent by the family's former solicitors, Karpal Singh & Company, to the AGC on June 28, 2019, questioning the discrepancy between the investigation classification and the findings of the Court of Appeal in 2014.
"This is a challenge against the authorities' failure to act, and the remedy sought is a mandamus order directing them to take the required action.
"Therefore, the applicable time limit is three months from the date the grounds for the application first arose, and not from the date the decision was communicated to the applicants," he said before High Court judge Norliza Othman.
He said the three-month period had expired on Sept 29, 2019, making the application filed on April 17 this year approximately six years and six months late.
He also rejected the family's argument that they only received clear confirmation of the investigation's classification through a letter from the Selangor police chief dated Jan 20 this year.
Mohammad Salehuddin further argued that public interest and the absence of prejudice to the respondents, given that investigation records were still available, were insufficient grounds to justify the delay.
He said the applicants needed to establish compelling reasons to obtain an extension of time under Order 53 Rule 3(7) of the Rules of Court 2012.
However, counsel for the family Lim Wei Jiet argued that they only became clearly aware that police were not investigating the case under Sections 302 or 304 of the Penal Code through the Selangor police chief's letter dated Jan 20.
He said the April 17 application was therefore filed within the prescribed three-month period.
After hearing submissions from both sides, Norliza fixed Nov 17 for a decision on the AGC's preliminary objection.
In their application, the family is seeking a declaration that all respondents have a legal duty to investigate Beng Hock's death on July 16, 2009, under Section 302 of the Penal Code for murder or Section 304 for culpable homicide.
They are also seeking a mandamus order compelling the respondents to complete the investigation within 120 days of the order being issued.
On Nov 21, 2024, the High Court ordered PDRM to complete its investigation into Beng Hock's death within six months after allowing a judicial review application by his parents.
However, on May 20, 2025, the Selangor police contingent headquarters' Criminal Investigation Department informed the family's former solicitors in a letter that the investigation had been conducted under Section 342 of the Penal Code.
The letter also stated that the AGC had decided to take no further action (NFA) in the case.
Beng Hock, who was then political secretary to Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead on July 16, 2009, at the Plaza Masalam building in Shah Alam after giving a statement at the Malaysian Anti-Corruption Commission (MACC) office on the 14th floor.
On Jan 5, 2011, the Shah Alam Coroner's Court ruled that his death was neither suicide nor murder and found no involvement of a third party.
However, a Royal Commission of Inquiry established to investigate the case ruled on July 21, 2011, that his death was caused by suicide.
On Sept 5, 2014, the Court of Appeal set aside the earlier open verdict and ruled that Beng Hock's death was caused by unlawful acts of one or more unidentified persons. - November 2, 2026
