Memorandum

on

Re-Opening The Case of Teoh Beng Hock

In Accordance to Cabinet Decision

 

From

Teoh Beng Hock Trust for Democracy

To

Inspector-General of Police

The Royal Malaysian Police

 

10 Jan 2019

 

 

 

 

MEMORANDUM ON RE-OPENING THE CASE OF TEOH BENG HOCK

IN ACCORDANCE TO CABINET DECISION ON 20 JUNE 2018

 

Background

Teoh Beng Hock, the young political aide of Selangor state Exco, was tortured to death at the Headquarter of MACC Selangor, Plaza Masalam, on 16 July 2009. Teoh, who was only a witness of the probe, was highhandedly arrested by MACC officers and interrogated until midnight. His mysterious death has caused outrage among Malaysians.

At the second autopsy, prominent Thai Pathologist Dr. Pornthip had proven that there were pre-fall bruises on Teoh’s neck. The court of appeal had ruled in September 2014 that the death was due to “an unlawful act or acts of person’s unknown, inclusive of MACC officers who were involved in the arrest and investigation of the deceased”.

In the past 10 years, we have witnessed non-neutral and unprofessional police investigations into the political death of Teoh.

In 2009, the investigation office miserably failed to conduct a thorough and unbiased investigation, he had presumed it was a suicide case and ruled out any possibility of homicide.

The unusual behavior of the IO frowned the lawyer, many times the IO answered that he did not dig further because “there was no instruction”.  He also presented a suspicious “Teoh’s note” several months after the probe. The failure of Selangor police to conduct a free and independent investigation denied Teoh family’s right to truth and justice.

In September 2014, after the court of appeal set aside the inquest’s open verdict, the then IGP Khalid Abu Bakar appointed Amar Singh to lead an independent team to re-investigate Teoh’s case. Most disappointingly, Amar Singh neither investigate nor arrest the suspected MACC officers. Instead, he took a statement again from Teoh’s wife, which was tantamount to add salt to the injury.

 

The police ignored the court order that prosecution must be done to uphold justice. It did not make public the investigation report for public scrutiny. After 20 months, the Minister in the Prime Minister’s Department Nancy Shukri produced one sentence unconvincing conclusion of the investigation — “No criminal element in this case”.

 

In short, the police have failed the Teoh family, to a larger extent Malaysians, in discovering the truth in the death of Teoh and ensuring justice for him in the past decade.

 

Re-Open the Case in Accordance to Cabinet Decision

The historic regime change at the federal level on 9 May 2018 gives a hope to movement of Justice for Beng Hock.

On 20 June 2018, the Finance Minsiter Lim Guan Eng announced that the cabinet had decided to re-open the case of Teoh Beng Hock. He said the Attorney General Chamber would be consulted about the fresh investigation.

However, the Home Minister Muhyiddin Yassin’s on 25 October 2018 claimed that the police has yet to receive any directive from the AG Chamber to initiate a new investigation and its scope of investigation.

In responding to the statement, Teoh Beng Hock Trust for Democracy expresses our regret that since the announcement that cabinet agreed to re-open Teoh’s case on 20 June 2018, there is no progress after four months. We demands no more delay for the investigation.

The scope of investigation is clear enough that all personnel involved, directly or indirectly, in causing the death of Teoh Beng Hock must be re-investigated and prosecuted in accordance to Malaysian law. These personnel include MACC officers and the mastermind who orchestrated the political-motivated investigation in 2009

We emphasise that the previous re-investigation led by police officer Amar Singh is a disappointed one. Considering the lackadaisical attitude of the police and AG Chamber under BN regime, we contend that the new investigation cannot solely rely on police and AG chamber alone.

We propose that the special taskforce should be led by the former court of appeal judge Hamid Sultan and law Professor Azmi Sharom, the taskforce should comprise of representative of SUHAKAM, bar council, police and AG Chamber.

In December 2018, Bukit Gelugor MP YB Ramkarpal Singh revealed that the Attorney-General’s Chambers had informed the Inspector General of Police Fuzi Harun, as early as 17 July 2018, to conduct a fresh investigation.

We are shocked that YB Ramkarpal’s allegation is apparently in contradiction with the Home Minister Muhyiddin Yassin’s statement on 25 October 2018 that he has yet to receive a directive from the AG Chambers to initiate a new investigation.

Our Demands

Teoh Beng Hock Trust for Democracy therefore expresses our grave disappointment over the inaction of the police in re-opening the case of Teoh Beng Hock in the past 7 months.

We hereby submit this memorandum with the following demands :

  • Did the police received the from AG Chamber to IGP dated 17 July 2018 with regard to further investigation in relation to the death of Teoh Beng Hock (Enclosed in this memorandum)?

 

  • If yes, the IGP must provide an open explanation on why the police refuse to carry out fresh investigation after 7 months, does it mean the IGP against the cabinet decision, or because of any political interference?

 

  • We demand no more delay in the investigation, the police should start the new probe immediately and complete the task within 2 months.

 

  • The new special taskforce comprising of police, AG Chamber, SUHAKAM, bar council, former court of appeal judge Hamid Sultan and law academic Assc. Prof. Azmi Sharom must be set up immediately.