A senior Malaysian Anti-Corruption Commission (MACC) official said that he felt a sense of responsibility for leaving Teoh Beng Hock unguarded as it defied an internal memorandum on the matter.

The memo, according to Hishamuddin Hashim, who was the former Selangor MACC deputy director, required enforcement officers to stay with visitors, including witnesses and suspects, until they exit the office.

azlanHishamuddin explained to the royal commission of inquiry investigating Teoh’s death that the memo was issued after an incident where a witness has caught “roaming” about the offices of the graft busters.

The internally circulated document was issued about a month before Teoh was taken in as a witness to the Selangor MACC office, then located at Plaza Masalam, Shah Alam.

Teoh, the political aide to Seri Kembangan assemblyperson Ean Yong Hian Wah, was questioned overnight from July 15 to 16, 2009 on several allegations of state fund misuse against his employer at the MACC’s 14th floor office.

He was discovered dead on the fifth floor service corridor of the same building and an 18-month-long inquest into his death delivered an open verdict.

The royal commission was then formed to find the root cause that resulted in his fatal fall and if there were any violation of procedures on the part of the anti-graft agency.

Previously, investigation officer Mohd Anuar Ismail, who led the probe on funds misappropriation, admitting to neglecting Teoh as he was “too tired” and thus “fell asleep” in the office while other officers were questioning the deceased.

‘Who was to be blamed?’

Inquiry panel chief James Foong asked Hishamuddin, since a memo was issued and the officer had left Teoh unsupervised, “who was to be blamed?”
 
Foong: (According to the memo) an officer must stay with visitors. In this case, as Teoh wanted to stay back to rest... and we have heard of other instances where witnesses are too scared to leave immediately... what happens? Does the officer stay until they leave?

Hishamuddin: In my memo an officer has to wait (with the visitor) until the end.

Foong: But you must know by now that your officers had either gone home or were sleeping that night.

Hishamuddin: It’s not the case always where a witness wants to stay overnight at the office.

Foong: So in this case who do we take into account, as by your memo someone is at fault, right?

Hishamuddin: The last officer with the witness and the investigating officer.

The senior man conceded that Mohd Anuar and Mohd Nazri Ibrahim, who took Teoh’s statement in the wee hours of July 16, were “responsible” for Teoh.

Foong: Are you also responsible?

Hishamuddin: Yes, because all matters relating to operations and investigations (of the division) are under my responsibility. I was entrusted to conduct the investigations. I oversaw all materials and documents. So, I’m also at fault.

The witness added that when he had conversed with Nazri previously, the officer expressed regret over what had happened.

Asked by conducting officer Awang Amardajaya Awang Mahmud, in what sense Nazri regretted, Hishamuddin said it was “in terms of being humane”.

He added that he too felt the same, but hastily said that he did not regret the way in which investigations were conducted.

59 police reports of abuse against MACC

Querying on whether Teoh was tortured during his time at the MACC, Commissioner T Selventhiranathan asked Hishamuddin if he was aware of the 59 police reports of abuse against the anti-graft agency nationwide.

At first Hishamuddin said he did not find out until after Teoh’s death, by which time he had been transferred back to the head office in Putrajaya, but Foong cornered him on one report that was made in early 2009.

NONEThe report, as Foong read out, complained that MACC officer Mohd Ashraf Mohd Yunus, who was involved in Teoh’s questioning, had physically abused a suspect.

According to the sitting Federal Court judge, Ashraf was positively identified in several identification parades but the police noted that there was minimal coooperation from the MACC when asked for details of cases handled by Ashraf.

Hishamuddin nodded that he was informed of the matter but he said that there “weren’t any obvious” investigations by the police against Ashraf.

“The information we have, says you (the MACC) was not very cooperative with the police,” said Foong.

But Hishamuddin defended that they work closely with other enforcement agencies and when his subordinates are called for an identification parade, he ensures that they attend.

Selventhiranathan informed Hishamuddin that out of the 59 reports nationwide, 21 were about the Selangor MACC.

Asked on this, Hishamuddin only said “it is their right” to complain and lodge reports.

Foong then queried on the character of Nazri, the officer who recorded Teoh’s statement, and Hishamuddin responded Nazri is a “soft hearted person just like Teoh”.

Art of interviewing

The panel also dealt with the MACC procedures and ways in which witnesses are handled.

Foong had cast doubts on the anti-graft agency’s methods, focussing on Teoh’s welfare and treatment especially noting how the latter was made to wait for six or seven hours before his statement was recorded.

Foong: What they tell you may not be what they tell us, the way Teoh had come at 6pm (on July 15, 2009) and told to wait in the company of seven officers, none of whom he knew.

They asked about his background and other information, that is interrogating as well. After 10pm you call two more officers to interview, and then after 12am (it still) was not over then to record the statement.

The three stages of interrogation here. Isn’t it interrogations? Is it approved by you?

Hishamuddin: (The first stage) was not interrogation. We just kept him there to calm him down. In my opinion, it is better than to leave him alone staring at the wall or looking pensive.

Foong: Where did you study this theory? (You left him) with a pack of lions... and people (he didn’t know).

Hishamuddin responded jokingly, “I don’t think they devour people”.

Foong: But where did you learn this technique? Went for a course or you learnt it from the Scotland Yard (British police force) or ICAC (Independent Commission Against Corruption) or by watching movies? Did you see the American forces do it in that way?

Hishamuddin: No, the MACC has a circular on how to interview witnesses and suspects. It’s a book (called the) ‘Art of Interviewing Witnesses’.

azlanMoreover, he explained the MACC is “very careful” in managing witnesses, in particular they observe strict measures not to “slight or ask questions in raised voices” as witnesses are crucial to them.

Selventhiranathan pressed him on whether he thought the best way to calm Teoh was to “leave him in the presence of people alien to him”.

Hishamuddin replied in jest again, that the MACC are not “not aliens (makhluk asing)” referring to “extraterrestrial creatures”.

“We are polite and we too are humans. I am not that fierce,” he said, causing the gallery to laugh.

He told the panel that all MACC officer are given a three-month induction course and later sent for refresher courses throughout their service.

Selangor allowed to observe proceedings

On another matter, the royal commission said today that the Selnagor government will be allowed to observe its proceedings this weekend when Thai expert pathologist Porntip Rojanasunan takes the witness stand.

“The commission had studied the application and welcomes the presence of the Selangor government,” said commission secretary Saripuddin Kassim in a statement today.

However, if the state wishes to be represented by a lawyer, an application must be submitted to in front of the commission as provided for under Section 18 of the Commission of Inquiries Act 1950.

Selangor had played an active role in an inquest investigating Teoh’s death, which delivered an open verdict.

The inquiry resumes at 9am tomorrow with Hishamuddin as the witness.