Probe diary 'overwritten with recollections of others'

Malaysian Anti-Corruption Commission (MACC) officer Mohd Anuar Ismail was accused of making entries in his investigation diary (ID) with “recollections of other” officers.

This emerged before the royal commission of inquiry probing the death of Teoh Beng Hock when Mohd Anuar said he had consulted his superior on events that had unfolded on July 15 and 16, 2009.

Teoh, who was the political secretary to DAP’s Seri Kembangan assemblyperson Ean Yong Hian Wah, was taken in as a witness in a probe into alleged misuse of Selangor government funds.

He was questioned on the 14th floor office of Selangor MACC in Plaza Masalam, Shah Alam, but was was found dead on the fifth floor landing the next day.

The investigation officer said today that he had prepared his ID on the MACC’s investigation “a month or two” after Teoh’s fatal fall.

Commissioner T Selventhiranathan then chided Mohd Anuar for not filing his ID immediately.
 
“Someone died on your watch... should have done it immediately,” he said.

But Mohd Anuar said he had prepared the ID after discussing with his superior, the division’s investigations unit head Hairul Ilham Hamzah, to double-check information and added in several details.

“In other words, it’s not based on memory. It’s based on other people’s recollections, said Selventhiranathan.

Differences pointed out

This unfolded when Bar Council lawyer S Sivaneindiren pointed out differences in Mohd Anuar’s ID and his testimony at the inquiry and the inquest.

“In the ID, you said that MACC officer Mohd Nazri Ibrahim came to the briefing with Hairul (on the night of July 15). But at the coroner’s inquest, you testified that you met Mohd Nazri separately,” asked Sivaneindiren.

Among other stark differences Sivaneindiren queried was the difference in the time when Mohd Anuar took a nap.

But chief commissioner James Foong told Sivaneindiren “not to overkill” in highlighting the differences between the first diary and the improved copy.

Mohd Anuar (right) just said he was “confused” when keying in the diary and concurred with Sivaneindiren that there were “errors” in his ID.

He also told the panel that he prepared another ID for the purpose of the inquiry on Feb 23 and it was submitted today, but the panel did not want to go into the document in detail.

Mohd Anuar said Teoh’s case was “extraordinary”, and this was the reason it was only made months later.

He explained that the additions and updates were made to the original ID saved in the computer, so the original has been overwritten, to which chief commissioner James Foong said he was “surprised”.

“With more evidence coming up now, we know how it was improved... we’re hoping there’s some big fireworks for us,” said Foong.

MACC officers Hairul and Arman Alies had been previously admonished by the panel over their investigation diaries.

Arman was even accused of attempting to tamper with his investigation diary due to glaring differences in his diaries.

The ID which are used to keep track of their progress in a case, it is also an official document which is required of enforcement officers under the Criminal Procedure Code (CPC).
 
'Beyond FRU’s control'

Mohd Anuar, who narrated the rest of events after Teoh’s body was discovered on July 16, said that an 'outraged mob' was waiting at the main lobby of Plaza Masalam that day.

He said this when responding to questions as to why he did not hand over Teoh’s mobile phone to the police when they had stopped by at the MACC office.

Mohd Anuar said that Teoh’s mobile phone was on his desk and he did not submit it to the cops who came looking for evidence that day.

His excuse was that he could not get in touch with the police investigator.

“I asked my subordinate officer to call the police. He said he had the investigator’s number but couldn’t contact him. I didn’t know who the investigating officer was,” said Mohd Anuar.

Foong: I don’t want to question because it’s so ridiculous... don’t tell me you got the investigation officer’s number, you don’t have his name.

Mohd Anuar: I couldn’t give Teoh’s handphone (mobile phone) immediately because I had to deal with Teoh’s family and the media.

Foong: What were your superiors doing? (Selangor MACC deputy director) Hishammuddin (Hashim)?

Mohd Anuar: It was chaos (down there) at the lobby. People were shouting. People were shouting ‘MACC are killers’. I didn't feel safe to go down and look for the investigating officer.

Foong: You could have just gone down or sent someone and called out for the investigating officer.

Mohd Anuar: There were those from the FRU (federal reserve unit) controlling the crowd. They could not even protect themselves (from the demonstrators).

Sivaneindiren suggested that Mohd Anuar did not hand over the mobile phone as he did not have the chance to look in there for “incriminating evidence”, but he disagreed.

The inquiry resumes this afternoon.