RCI: Prosecution head coached witness?

Malaysian Anti-Corruption Commission (MACC) prosecution head Abdul Razak Musa was today accused of coaching witnesses on how to respond to questions by the royal commission of inquiry (RCI) investigating DAP aide Teoh Beng Hock's death.

Senior enforcement officer Azian Umar, who was recalled by the Bar Council to testify before the inquiry today said that Abdul Razak had instructed her to "only answer when asked, and don't answer when not asked".

This was raised when Bar council lawyer Cheow Wee (left) questioned Azian on a SMS exchange between her and her superior Hairul Ilham Hamzah.

The contents of the SMS raised eyebrows today.

Azian on July 17, 2009, a day after Teoh's death, appeared to have pleaded with Hairul to not order their subordinate officers to "make false statements".

Cheow asked Azian, who first testified in the RCI on Feb 28, why she did not volunteer the information pertaining to the SMS then.

The enforcement officer after a short pause said, "It wasn't an issue (and) I wasn't going to make it an issue."

Her answer with regards to Abdul Razak's role prompted RCI chairperson James Foong to ask MACC lawyer Muhammad Shafee Abdullah if he was aware of the instruction.

Foong: I'm sure you don't know anything about this? I'm concerned about the SFC (senior federal counsel, Abdul Razak) practically coaching witnesses, telling them what to do. Isn't this unethical and also very immoral?

Muhammad Shafee: I don't want to say it is coaching. It is very normal for counsels to speak to their witnesses. But in this case maybe all he wanted to know was what the SMS was all about.

Foong: What part has he got to play anymore? He was at the inquest... why did he have to call up this woman (to tell her what to say)?

Muhammad Shafee: He is still the head of prosecution (in MACC) and Kevin (Morais) is his deputy. I wouldn't conclude it as a dishonest act, just yet.

Azian said Abdul Razak asked her to come over to the MACC's academy in Jalan Duta and told her about the SMS just before the RCI convened in February.

Cheow: So if you knew about it, why didn't volunteer the information to the RCI? You were told only to answer to questions directed?

Azian: Yes.

The full SMS content:

Tn, bebudak ni mntak tlg jgnlah suruh diorg wat pernyataan yg tdk btl, kes ni kes besar tn, melibatkan nyawa org, kalo tipu skali nnt bkali2 kena tipu, kalo sorg tipu nnt ramai lg yg nak kena sokong penipuan 2.

(Sir, the boys are asking not to be told to make false statements, this case is a big case, sir, it involves people's lives).

Tn saya rasa sedih sgt apa yg tjadi kt sprm slangor, mgkn Tuhan nak trnkan bala kpd kita. Kita terlalu mengejar material, kita abaikan perintahnya... cuba tn hitung brp byk kali kita meeting dan tgglkan maghrib.

(Sir, I'm very sad as to what has happened at Selangor MACC, maybe God has sent us calamity. We were engrossed in chasing after material (things), we have neglected (God's) command... try to count the number of times we were in meetings and neglected Maghrib.)

Itu solat, x kira yg lain2. Saya rasa kita hrs periksa dr kita sblm tdg jari pd org lain, sbg pemimpin, bla anak buah x smbhyg, kita pun dapat shm kt situ. Saya bg pndapat saya je... sy pun x bape pndi tg agama ni. Tplg pd tn mcamana nak trime. Kita hdp x lama kan tn.

(That's one prayer, not to count the rest. I feel we have to check ourselves before we point fingers at other people, as leaders, when followers don't pray, we also share (the blame). I am just giving my opinion... I'm not very clever about religion. It's up to you on how you are going to accept it. We don't live long right, sir.)

‘We were told how to answer'

Azian, who took long pauses before responding to questions posed, seemed rather hesitant to share her views.

She told the panel that she had attended two meetings to discuss Teoh's death, an event which was denied by almost all the MACC officers who had testified in the past.

However, there were more gatherings than the two meetings she had attended, added Azian, but she could not recall how many.

The first meeting was chaired by then-Selangor deputy director Hishamuddin Hashim and discussed what happened and the role of each officer in the operation.

Cheow: Can you tell us, in your own words, what took place?

Azian: It wasn't a briefing, we were just asked to explain our role in the investigation (into the misuse of state funds)... I wasn't directly involved so I didn't speak up.

At the second meeting, which was held at the MACC headquarters in Putrajaya, prior to the inquest into Teoh's death sometime in August 2009, then MACC investigations director Mohd Shukri Abdull, deputy public prosecutor Kevin Morais and Hishamuddin were present.

Cheow: What took place?

Azian: We were told how to answer in the inquest. Shukri (right) spoke and Kevin gave his opinion.

Cheow: Was there an instruction to lie?

Azian: No.

Referring to the SMS, Cheow then asked Azian what prompted her to send such a SMS to her superior.

"I asked Hairul to advise the officers to give accurate statements because that night they were going to give their police statements," she said.

Cheow: What moved your heart to say that? You said at the meeting (there were) no instruction to lie?

Azian: (Because) the officers (complained to me that) they got instructions from Hishamuddin to say that they got their orders (during the probe in July 2009) from Hairul.

She added that she sent the message to Hairul instead of Hishamuddin as she "discussed matters easily with Hairul".

Azian said she "regretted" what had happened to Teoh but stressed that she had never seen any other witnesses or suspects tortured or abused in their office.

Commissioner Mohamad Hatta Shaharom (left) then asked how she and all the other officers felt about their former boss, Hishamuddin.

"Afraid," described Azian, adding that if they were to go against orders, it would be "difficult" for them to work and their chances in getting "promoted" would be affected.

Teoh, political secretary to Seri Kembangan assemblyperson Ean Yong Hian Wah, was found dead on the fifth floor of Plaza Masalam, Shah Alam on July 16, 2009, after being questioned overnight by the Selangor MACC at their 14th floor office, over irregular disbursement of state allocations by his employer.

The RCI currently in session is looking into Teoh's death and the MACC's interrogation methods.

It was formed after an inquest into his death delivered an open verdict ruling out suicide and homicide.

The inquiry resumes tomorrow with testimonies of from psychiatrists Dr Ba'diah Yahya, Dr Noor Hayati Ali and Dr Paul Mullen.