DAP veteran leader Lim Kit Siang suggested that an inquest to determine the cause of death of political aide Teoh Beng Hock should be "held back" to allow the cabinet to widen the terms of reference of the royal commission.

Lim also rebutted attorney-general Abdul Gani Patail’s statement yesterday stressing that an inquest, which is set to begin next Wednesday and to be carried out by a magistrate under the Criminal Procedure Code (CPC), was the right recourse.

NONEYesterday, the AG said that the CPC had specific provisions for an inquiry by the magistrate’s court into the cause of death and that “holding a similar inquiry by the royal commission would be duplicitous in such instance”.

“(His statement) is totally unpersuasive and unconvincing... in the first place, ‘duplicitous’, meaning ‘double-dealing’ or ‘deceitfulness’. What he intended to say was ‘duplication’,” said Lim, who couldn’t resist taking a swipe at Gani.

“There is nothing ‘duplicitous’ in having a royal commission of inquiry although there may be duplication if an inquest is also held,” added the Ipoh Timur MP.

RCI can probe cause of death

Abdul Gani had referred to Section 2 of the Commissions of Enquiry Act 1950 to support his contention claiming that it “clearly makes reference to the inquiry into the conduct and management of government officers and departments or for the public welfare”.

NONEHowever, Lim argued that Section 2(1) makes no mention that allows it to bar or prohibit the establishment of a royal commission to probe the conduct of MACC officers which could have led to Teoh’s death.

“The solution is for the inquest to be held back until after completion of the royal commission of inquiry into all the circumstances and causes of Teoh’s death,” said Lim.

Teoh, who was Seri Kembangan assemblyperson Ean Yong Hian Wah's political secretary, was found dead on the rooftop of Plaza Masalam, Shah Alam, last Thursday.

The 30-year-old was believed to have fallen from the MACC office located on the 14th floor. He was being interrogated as a witness into allegations of misappropriation of Selangor state funds.

Why classified it as sudden death?

Lim further argued that the police and the AG should explain why Teoh’s death was classified as “sudden death” under Section 329(1)(e).

He said it should instead be classified under Section 329(1)(d) - “that the body of a dead person has been found, and it is not known how he came by his death”.

“This question is pertinent and relevant as it raises the question whether the police had rights from the beginning (by being) protective of MACC instead of getting at ‘the truth, the whole truth and nothing but the truth’ over Teoh’s death,” he said.

Lim also revealed that he had faxed a letter to Najib Abdul Razak, conveying Teoh’s family request for an urgent meeting with the prime minister.

teoh beng hock vigil klscah 230709 08“They (family) said their request for a royal comission into Teoh’s death had not been properly conveyed to the cabinet by the MCA and Gerakan ministers as well as Najib’s political secretary (following) their visits to the family.

“(But) I have not received any reply from Najib to my earlier fax asking for a meeting with him at the first available time when he returned from overseas on Teoh’s death. Maybe he had not received my earlier fax.

“I hope Najib would set a good example to all ministers and public servants and give a prompt response to my fax yesterday on behalf of the Teoh’s family,” he said.