KUALA LUMPUR – The case of Teoh Beng Hock’s untimely death exactly 12 years ago may finally have a chance of seeing a court date, if an unprecedented attempt by his family’s lawyer to push the matter for criminal proceedings succeeds.
Speaking at a public forum to commemorate Teoh’s passing, Ramkarpal Singh said the dozen-year delay in prosecuting the case is unreasonable, especially considering the facts and circumstances.
In particular, he noted the judgment made by the Court of Appeal in the 2014 ruling that there is a likelihood that Malaysian Anti-Corruption Commission (MACC) officers may have had a role to play in his death.
He said this provides valid grounds to take the matter to court, following the lack of action and decision by the authorities to date.
“In my opinion, if the attorney-general (AG) doesn’t want to make a decision, then we may have to compel him. The question is whether this is doable or not (in court).
“But I believe in Teoh’s case, the delay on its own is reason enough. It should not be prolonged any more. So, we may take legal action through the court,” he said, urging the AG to come up with a decision, whether or not it favours Teoh’s family.
When contacted for clarification, Ramkarpal said he will share his view with Teoh’s next of kin before taking such action, and that any time frame given to the AG to come up with a decision will be decided by the family.
Teoh was found dead on the fifth floor of the Plaza Masalam building in Shah Alam on July 16, 2009, after he was interviewed by MACC officers at its office on the 14th floor of the same building into the wee hours.
Teoh was then political secretary to local government, new village development and legalising of factories exco Ean Yong Hian Wah.
In 2018, the new Pakatan Harapan government agreed to look into his death, with police later reopening the investigation under wrongful confinement, but there has been no update since.
If Ramkarpal succeeds in compelling the AG via a court ruling to make a decision and push the case for a hearing, this would be unprecedented, as under the federal constitution, no parties can challenge the top federal lawyer’s discretion not to prosecute a case.
The DAP legal aid bureau chairman said the excuses given over the years that the probe is ongoing is no longer acceptable, and that continued delays will only raise suspicion that there are attempts to cover up the death.
“How can you say you are still investigating after 12 years? It doesn’t make sense. It’s not surprising that people are assuming there is a cover-up, and you can’t dismiss this possibility.”
Ramkarpal said the lack of progress in Teoh’s case is not a question of the unavailability of laws in the country to prosecute those in authority for deaths in custody, but a matter of inaction by those in power.
“We have the relevant provisions to take action against the authorities but, like in Teoh’s case, there is no action.”
Like Ramkarpal, Eliminating Deaths and Abuse in Custody Together (Edict) chairman M. Visvanathan believes the lack of action pursuant to investigations into deaths in custody is the main problem that requires fixing.
To ensure greater justice, the senior human rights lawyer proposed a beefed-up, independent coroner’s court enacted under a new law, which would give the body powers to conduct its own investigation.
He said unlike the current coroner’s court, whose powers are limited to the hearing of evidence and coming up with judgments, the proposed independent court will act more like an inquisitor, with the capacity to direct a probe.
“We need to emulate the United Kingdom and Australia, where, when there are any custodial deaths, the officers in charge will immediately be suspended, with investigations taken over by an independent body.”
Visvanathan also expressed disappointment at the lack of outrage among the public over custodial deaths, and the mentality that, once a person is arrested, he or she is already guilty.
“Those who are detained are not necessarily guilty of the offence. People are not able to grasp that principle. It’s still a work in progress.” – The Vibes, July 17, 2021
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