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.