A negligence suit brought by the family of Teoh Beng Hock against the Malaysian Anti-Corruption Commission (MACC) has been postponed pending the Court of Appeal’s decision whether the former political aide had died due to foul play or he had committed suicide.

Lawyer Gobind Singh Deo (pic) said High Court Judge Rosnaini Saub allowed the application by the family as the Court of Appeal decision may have a bearing on the suit. Rosnaini fixed April 29 for case management.

The decision of Court of Appeal will be final and conclusive as the appeal originated from an inquest before a coroner.

Senior Federal Counsel Azizan Md Arshad and Gobind met Rosnaini in her chambers to postpone today’s proceedings.

The family had filed the suit against the MACC and 12 others in February last year for assault and occupier’s liability.

Beng Hock’s father, Teoh Leong Hwee, his mother, Teng Shuw Hoi, his widow Soh Cher Wei  and their son Teoh Er Jia are seeking damages for their sadness, loss of dependency and negligence on the part of the defendants.

So far, 13 witnesses have given evidence for the family.

“Whether we are going to call more witnesses depends on the Court of Appeal ruling,” Gobind told reporters.

Azizan also said whether the defence would call three doctors to give their expert opinions depended on the final outcome at the appellate court.

A three-man bench chaired by Datuk Mohamad Arif Md Yusof will hear the appeal on March 28.

Coroner Azmil Muntapha Abas had returned an open verdict on January 5, 2011, saying it was neither a suicide nor a homicide.

Teoh, who was the political aide to Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead on July 16, 2009 on the fifth floor of Plaza Masalam in Shah Alam.

He was at Plaza Masalam where he was summoned by the MACC to have his statement recorded over his boss’s alleged abuse of state funds.

On December 1, 2011, the High Court in a revision, upheld the coroner’s open verdict in the inquest to ascertain the circumstances leading to Teoh’s death.

Both the coroner and the High Court found there were pre-fall injuries on Beng Hock’s neck but concluded that there was insufficient evidence to point towards assault. – February 7, 2014.

PUTRAJAYA: Three Court of Appeal judges, in an unprecendented move, will visit the interrogation room in which Teoh Beng Hock was alleged to have fallen to his death in 2009.

KUALA LUMPUR: The High Court of Kuala Lumpur today dismissed a civil suit filed by the late R Gunasegaran’s sister, against several police officers and the Malaysian government for his wrongful death on the evening of July 16, 2009 at the Sentul police station.

Based on a written judgment by Judge Yeoh Wee Siam, the court found the defendants not liable based on the balance of probabilities in view of the case circumstances, the defendants are also not entitled to any costs.

“Based on the grounds of judgment the court is satisfied, on a balance of probabilities, that the defendants are not liable, therefore the plaintiff is not entitled to the damages claimed,”

“The court does not think that the defendants are entitled to any costs and therefore there is no Order as to costs,” Yeoh said.

Meanwhile the family’s lawyer M Visavanathan told reporters after the verdict that he was disappointed with court’s ruling and might consider to make an appeal against the decision.

“I am disappointed with the decision but I respect it as they have made its finding. We can apply for an appeal but a discussion with the family is needed before I can comment further,” he said.

Visavanathan then questioned the authority on why there has been no action taken against the police officers involved during the alleged incident by adding that death in custody should have not happened in a developed country like Malaysia.

“Until today no action is being taken against the officers (even) when we have witnesses coming forward telling the court that they saw them (the police officers) beating Gunasegaran,”

“How can you call yourself a civilized nation when death in custody is still happening. Death in custody should have not occurred in this country,”

“People should feel safe going to a police station,” he shrugged.

On July 16, 2009, at about 3 pm, a team of police officers from the Sentul district police station carried out an anti drug operation in the Sentul Manis area.

Five persons including the deceased were arrested and brought back to the Sentul police station after being caught for allegedly being involved in dangerous drug activities.

The late Gunasegaran was required to undergo a urine test and documentation process but died while he was in the police station lockup .

According to the first autopsy report conducted by Hospital Kuala Lumpur stated Gunasegaran’s cause of death as a ‘Drug Related Death’.

Dissatisfied with the first post mortem report, a second post mortem was conducted by the University Malaya Medical Centre and their conclusion on the cause of death was documented as ‘Is consistent with the findings of the first post mortem’.

Joint Press Statement by Malaysians for Beng Hock and Suara Rakyat Malaysia (SUARAM) on 25 Nov 2013

Pertaining to the allegation that the Thailand and Malaysia government are prohibiting a key expert witness, Dr. Pornthip Rojanasunand, from entering Malaysia to testify in court, we urge the Thai Prime Minister Yingluck Shinawatra and her Malaysian counterpart Prime Minister Najib Razak to come clean by immediately and responsibly respond to such a serious allegation. The claim was made last Friday by the lawyer Gobin Singh of Teoh Beng Hock, the later is a well-known victim of State violence.

This is the second time in a year that the Malaysian government is being accused of prohibiting Dr Pornthip’s visit to provide her professional assistance or testimony to legal cases relating to state violence in the country. In February 2013, a lawyer of another victim of police violence, Sugumar, had also made a similar accusation against the two governments.

These governments must substantiate their reasons for undertaking such an action. Dr. Pornthip, who was the Director of Institute of Forensic Science under the Thai Ministry of Justice, had witnessed the second autopsy of Teoh Beng Hock’s body under the invitation from the Selangor State government and is therefore one of the key witnesses in this high profile case. Her findings have led her to deduce that Beng Hock could have been strangled during the interrogation period and that there is an 80% chance that Beng Hock was a homicide victim. Her conclusions have profound implications on the role and responsibilities of the MACC in the death of Beng Hock. Denying her testimony is therefore not only detrimental to the criminal justice system, but also to the integrity of the Malaysian government as a whole.

We regret at the disinterest displayed by the two governments in respecting the right of the victim’s family to a fair and equal trial. We urge Ms Yingluck, who had previously supported the Truth for Reconciliation Commission in finding truth about the violent clashes between the red shirt and the military in 2010, to draw back her government’s meddling hand from Dr. Pornthip’s professional visit, and in doing so, respect and fulfil her government’s ‘primary responsibility’ as an ASEAN member state ‘to promote and protect all human rights and fundamental freedoms’ as required by article 6 of the ASEAN Human Rights Declaration in 2012.

We condemn the Malaysian government for, after failing to take action against the MACC officers involved in causing the death of Teoh Beng Hock as recommended by the Royal Commission of Inquiry, further impeding Teoh family’s every effort to seek justice and redress through judicial means. The impunity of state violence must end immediately. The government has to step up its accountability effort and uphold its integrity.

VIDEO l 1:10 mins

Emotions run high in the Kuala Lumpur High Court when Teoh Beng Hock’s fiancee took the stand today.

When questioned by the family’s counsel Gobind Singh Deo on the marriage preparations prior to Teoh’s death, Sor Cher Wei, 32 (left), burst into tears.

High Court Judge Rosnaini Saub had initially tried to calm her down, but then ordered a 10-minute recess.

Teoh’s parents and younger sister, who were also in the courtroom, also failed to fight back tears.

Teoh’s family had filed a negligence suit against the Malaysian Anti-Corruption Commission (MACC) and 13 others.

Several MACC officers, who were named as defendants, were also present.

Teoh, 30, who was political aide to a Selangor state  executive councillor, was found dead on the fifth floor of Plaza Masalam in Shah Alam on July 16 2009, after he was interrogated at the Selangor MACC office on the 14th floor of the same building.

Stressing her belief that Teoh did not commit suicide, Soh had regained her calm after the hearing resumed by 2pm.

She said that the family members had not recovered from their sorrow even though the incident happened four years ago, as they were still in the dark over Teoh’s cause of death.

“My son can no longer meet his father… he can only mention that ‘father is black’ now.

“This is because he sees the clothes that the family and I wear when we fight for justice for Teoh. And the clothes are all in black or white,” she said in her written statement.

Soh admitted that Teoh was happy but shocked upon learning about her pregnancy in June 2009, which was not planned.

To senior federal counsel Azizan Md Arshad’s suggestion that her pregnancy had caused Teoh emotional disruption, Soh agreed.

Subsequently, Teoh family’s counsel Gobind Singh Deo, in his examination, requested Soh to elaborate on this.

Soh explained that the emotional disruption was a “positive” one, as they had planned for marriage but not for having children.

Later, Gobind sought Judge Roshaini’s permission to call Teoh’s parents and younger sister to testify tomorrow, and several journalist on Friday.

Thai pathologist Dr Pornthip Rojanasunand (right) is scheduled to be present as one of the plaintiff’s main witnesses, but Gobind had yet to reveal the date.