English text source : Malaysiakini Photo source : China press
Hidir Reduan Abdul Rashid Published: Nov 21, 2024 11:59 AM
Teoh Beng Hock’s family succeeded in their legal action to force the police to wrap up the long-standing probe into his death.
The Kuala Lumpur High Court this morning allowed the family’s judicial review over the 2009 incident following the deceased being heavily questioned by MACC.
Judge Wan Ahmad Farid Wan Salleh ordered the police to complete the probe within six months from today, ruling there had been an inordinate delay in the investigation.
“Investigation was not conducted with convenient speed. I compel the respondents (police) to complete the investigation within six months of this order,” the judge ruled.
Wan Ahmad Farid said it is incumbent on this civil court to abide by the previous Court of Appeal and Royal Commission of Inquiry rulings for the 15-year investigation to be wrapped up.
The judge pointed out that this is especially in light of the appellate court finding that injury on the deceased’s neck before his fall in MACC premises was sufficient to attract some level of criminal liability against the antigraft officers, thus warranting a police probe.
Wan Ahmad Farid noted the appeal court ruling that MACC simply could not disclaim liability when the deceased was in its officers’ custody and subjected to oppressive conduct that led to the death.
“There must be finality in this case and closure for everything.
“The (judicial review) applicants as parents of the deceased, like every citizen, deserve justice,” the judge reminded the authorities.
Wan Ahmad Farid added that the investigation must be completed as the matter went back and forth between MACC, the police and the Attorney-General’s Office (AGC) since the year of the incident.
The judge noted that while the delay in the police investigation is not reasonable, he found no evidence of mala fide (bad faith) behind the slow progress of the probe.
When met by the media after open-court proceedings, the family’s counsel Ramkarpal Singh welcomed the ruling as the investigation has long been delayed since 2009 and with no indication of where the probe was going.
The lawyer pointed out that police failure to comply with the court order would amount to contempt of court, which under law is punishable by fine or imprisonment.
“This is a good development in this area of law as it would encourage more accountability by the authorities such as the police,” Ramkarpal said.
The lawyer added that today’s ruling is a positive development in legal precedent as it showed the judiciary has jurisdiction to hear civil actions like this, contrary to the authorities’ contention.
Driven to suicide
Teoh was found dead on July 16, 2009, on the fifth-floor service corridor of Plaza Masalam in Shah Alam after being questioned overnight at the Selangor MACC headquarters on the 14th floor.
At the time of his death, Teoh was a political aide to Selangor executive councillor and DAP Seri Kembangan assemblyperson Ean Yong Hian Wah.
In 2011, a Royal Commission of Inquiry determined that Teoh was driven to commit suicide following the anti-graft watchdog’s aggressive questioning.
In 2014, the Court of Appeal unanimously ruled his death was caused by the act of “person or persons unknown”, including the MACC officers who questioned him overnight before he was found dead.
In January 2022, Teoh’s parents filed a judicial review due to the alleged failure of the police to complete their investigation into his death.
A few months later in June, Teoh’s father and mother, Teoh Leong Hwee and Teng Shuw Hoi, obtained court leave to proceed with the civil action.
Federal counsel Muhammad Muhairi Mohamed Noh appeared for the authorities.
中文报导和图片来源：中国报
警调查赵明福命案 高庭裁决 半年内须完成
（吉隆坡21日讯）高庭谕令警方，从今日起的6个月内，完成赵明福命案的调查工作。
法官拿督旺阿末法立是今日针对赵明福父母，要求法庭宣判警方疏忽以及谕令警方完成15年前命案调查提出的司法检讨申请，作出上述裁决。
他指出，警方此前的调查过于延宕，勒令其自今日起的6个月内必须完成相关调查。
“调查并未以适宜的速度进行。我强制答辩方（警方），在此命令下达后的六个月内完成调查。”
他说，这个法庭必须遵循此前上诉庭和皇委会的裁决，而结束这项长达15年的调查。
他指出，申请人所提出的主张和所寻求的救济措施，无论在本质还是实质上，都属于公法的范畴。
“因此，在这种情况下，司法检讨是一种适当的开始方式。”
赵亮辉和张秀花是于2022年1月6日向高庭提呈司法检讨申请，并把警察总长、武吉阿曼刑事调查局总监、大马皇家警察以及大马政府，列为第一至第四名答辩人。
两人在2022年6月16日，获高庭发出司法检讨准令。
赵明福生前是时任行动党雪州行政议员欧阳捍华的政治秘书，他于2009年7月16日，被发现卧尸在莎阿南商业广场5楼阳台，此前在同大厦14楼反贪会办公室录口供。