MACC officer rapped for his 'selective amnesia'

A Selangor Malaysian Anti-Corruption Commission (MACC) officer got a telling-off for his “selective amnesia”, from the Royal Commission of Inquiry into the death of Teoh Beng Hock.

Assistant enforcement officer Mohd Ashraf Mohd Yunus (left) was ticked off by commissioner T Selventhiranathan for not being able recall his conversations with Teoh on July 15, 2009.

Mohd Asraf had assisted another enforcement officer, Arman Alies, in questioning Teoh over allegations that state funds had been misused by Selangor executive councillor and Seri Kembangan assemblyperson Ean Yong Hian Hwa two years ago.

“It’s is like you have selective memory. This is an important case and people will remember the details but you keep saying that you don’t remember,” decried Selventhiranathan, one of the five members of the RCI.

Mohd Ashraf, who took the stand today, was unable to recall Teoh’s answers to their questions or details of what was asked by Arman.

Teoh had been called in as a witness on JUly 15 and questioned overnight at the Selangor MACC office on the 14th floor of Plaza Masalam in Shah Alam.

He was found dead the next afternoon on the fifth floor service corridor of the building. An inquest has concluded that his death was not due to either suicide or homicide.

Another commissioner, Abdul Kadir Sulaiman (left), was similarly frustrated by Mohd Ashraf’s answers, and described his testimony as an “anti-climax”.

“Everything important, you said you don’t remember. We will give you 20 minutes, you try to remember,” he complained.

The inquiry was then adjourned for 30 minutes.

'I don't remember much'

Conducting officer Awang Armadajaya Awang Mahmud then asked the MACC officer about the four printed invoices taken from Teoh's laptop.

According to Mohd Ashraf, Arman had asked Teoh how he got the documents and was told that the documents were emailed to him.

"He (Teoh) looked through the files and was shuffling the documents for about 20 minutes... Arman asked the questions and took down the notes.

"I don't remember much of what was said. Teoh spoke very softly but audibly... but I can't remember much of the questions asked by Arman.

"We (Arman and I) let him (Teoh) stay quiet a lot, we let him recall and waited for him to remember the answers."

Awang Armadajaya asked Mohd Ashraf whether the investigators had asked Teoh (right) if he had signed the documents pertaining to claims based on Ean Yong's instructions, but again he was not able to remember.

He said they spent almost two hours probing Teoh on the documents that were signed by Teoh, but with Ean Yong's official seal.

"Teoh did not maintain eye contact with me or Arman. He looked down a lot. Arman asked Teoh to identify his signature and whether the items listed in the document of claims had been supplied.

Mohd Ashraf explained that they found it suspicious that the claim documents had Teoh's signature and name but that the seal was Ean Yong's.

He said Teoh had nodded in reply when they asked if the claims in the documents were executed.

Inquiry chief James Foong (left) asked Mohd Ashraf to point out documents showing Yong’s seal but with Teoh’s signature.

But Mohd Ashraf did not answer and could not remember, which angered Foong again.

“You were the interrogator. If you don’t know what questions you asked Teoh, how can you tell the commission? You were one of the interrogating officers. You are not an office boy to just sit there and hand out documents to the other (interrogator),” Foong lashed out.

The MACC witness then browsed through the evidence and said that three documents on the supplies and approval of projects that were signed by Teoh with Yong’s seal.

He added that Teoh stayed silent during the probe but cooperated, although there were times he would not answer verbally but wrote it down.

‘Didn’t you feel guilty?’

Mohd Ashraf later told the inquiry panel that he was not concerned about Teoh’s welfare after interrogating him until 12.30am on July 16, 2009.

“Although you told him to wait until you briefed your superior, you didn’t tell him whether he should wait longer or he can leave?

“You asked him to wait, then you disappeared... no courtesy,” said Foong.

“Your attitude is like that. Finish your work, (then) go back, (about the) suspect, ‘I don’t care’?” he asked.

Mohd Ashraf said that he left Teoh on his own for almost four hours before he last saw him at 4.45am on that day and Teoh had called out to him for a glass of water.

He only replied, “It’s like that, your honour”. Abdul Kadir then interjected whether he had ever wondered what Teoh was up to at the MACC office at that late hour.

“To my knowledge he was resting. I submitted my report to Hairul (Ilham Hamzah) and didn’t think of (Teoh) any more.

“He asked for a glass of water. At that time, I couldn’t tell if he was tired or not. He looked as if he had not slept.”

Mohd Ashraf added that it was normal for witnesses to stay back at the office after interrogations.

He explained that he told Teoh to wait at the sofa while he briefed Hairul on what had unfolded during the interrogation.

“You asked Teoh Beng Hock to wait and you just left him there? That’s how you treat your witnesses?” asked Foong.

“You wanted to avoid him. You went through the pantry. No courtesy. He’s not a suspect, he’s a witness

“After the interview, you asked him to wait. You gave information to your higher officer (but) no courtesy to tell him whether the higher officer will come,” Foong told off Mohd Ashraf.

However, Mohd Ashraf defended his action and said that it was the duty of the higher-ranked officer to give further instructions.

“Usually when we brief our superior, he will ask another officer to continue,” he answered.

Commissioner Dr Mohamed Hatta Shaharom (right), a forensic psychiatrist, then asked him if he “felt guilty” for leaving Teoh waiting without concern for his welfare.

“You went back to your work although you told Teoh to wait,” said Mohamed Hatta in disbelief.

But Mohd Ashraf retorted that such was the “norm”. “We brief our superiors and the superior will instruct others to continue (from where we left off)”.

Abdul Kadir then interrupted and asked Mohd Ashraf to imagine himself in Teoh’s situation.

“You are brought in for questioning, then taken to wait at the lobby, no one bothers about you and at 4.45am you ask for water and then you are left alone. What will you do?

“I cannot tell. I’ve never experienced such a situation,” said Mohd Ashraf, prompting Foong to ask, “When Teoh Beng Hock was found dead, MACC officers were suspects, when you were suspected of being involved in a murder weren’t you in the same situation?”

However, Mohd Ashraf remained mum.

Before the inquiry adjourned for lunch Foong, who was rather peeved by Mohd Ashraf’s testimony today, warned him not to talk or SMS anyone during the break.

He also advised another MACC witness, Mohd Annuar Ismail, who had been watching Ashraf’s testimony on the television monitor outside the courtroom, to stop observing the proceedings as it could jeopardise or enable alterations to his version of what happened to Teoh.

“Be careful, although no one is guarding you, your faces are recognisable by the public. There are 40,000 members of the Bar and members of the press who can identify you,” reminded Foong.

Pursue duty gently, psychiatrists told

Meanwhile, after the inquiry resumed at 2.15pm, Foong instructed the three psychiatrists, who were brought in to interview Teoh’s family members, to pursue the duty gently.

Yesterday, the commission ordered Dr Badi’ah Yahya from Hospital Permai, Johor, Dr Benjamin Chan, a private practitioner, and Dr Noor Hayati Ali from Hospital Kuala Lumpur to interview Teoh’s fiancee Soh Cher Wei and his acquaintances.

“If possible (when interviewing) the deceased’s fiancee, I understand the child has been born (so) instead of her going to the hospital... is it possible for the doctors to go to their home, so that she can look after the child, or a nearby vicinity?

“There is no necessity to be formal. I don’t want to subject anyone who is going to help us to any inconvenience. Don’t make life difficult for them and treat them with respect,” said Foong.

The inquiry resumes tomorrow with Mohd Ashraf on the stand.