Will the MACC trio face criminal charges?
Kuek Ser Kuang KengPublished: Jul 27, 2011 3:58 PM | Updated: Jul 27, 2011 9:33 PM
One week after the release of the royal commission of inquiry (RCI) report, which concluded that political aide Teoh Beng Hock had committed suicide after being mentally tortured by Malaysian Anti-Corruption Commission (MACC) officers, it appears that the three officers held responsible for Teoh’s death by the RCI in its report would only face disciplinary action.
BIRD'S EYE VIEW
Demands for the trio to be charged have not been heeded by the police, who claimed they had not broken any law.
One week after the release of the royal commission of inquiry (RCI) report, which concluded that political aide Teoh Beng Hock had committed suicide after being mentally tortured by Malaysian Anti-Corruption Commission (MACC) officers, it appears that the three officers held responsible for Teoh’s death by the RCI in its report would only face disciplinary action.
Although civil society, the opposition, the Bar Council and even Minister in the Prime Minister’s Department Mohd Nazri Aziz have demanded that the trio be charged with a criminal offence, this has not been heeded by the police, who claimed the MACC officers had not broken any law.
Currently the trio have been suspended pending an internal probe by the MACC which, however, did not fix any time frame.
Malaysiakini has compiled a chronology since the release of the RCI report.
July 21
The 124-page report was unveiled by Nazri (below) during a press conference at the Parliament building.
The report concluded that Teoh was “driven to commit suicide by the aggressive, relentless, oppressive and unscrupulous interrogation to which he was subjected by certain officers of the MACC”.
The RCI claimed that most probably there was a fourth interrogation carried out by the then-Selangor MACC deputy director Hishamuddin Hashim, and two of his enforcement officers - Mohd Anuar Ismail and Mohd Ashraf Mohd Yunus, which was described as the “final straw that broke the camel's back”.
However, it should be noted that the fourth interrogation, in which the RCI clearly put the blame on the trio, is merely a postulation made by the commission in order to explain the psychiatric changes of Teoh which had claimed his life.
Besides the trio, the report also accused another MACC officer, Arman Alies, of using inappropriate interrogation techniques on Teoh.
Arman was described as a ‘bully’ who would manipulate his witness to obtain evidence.
The RCI also alleged that Hishamuddin (left) and other MACC officers under his supervision had lied during the inquiry.
However, the report noted that Hishamuddin was promoted to Negri Sembilan MACC director after the incident.
July 23
The Bar Council released a statement demanding that the authorities investigate the relevant MACC officers for possible offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder, and for causing Teoh’s death through negligence, respectively.
“It is very clear to the Malaysian Bar that full responsibility for Teoh Beng Hock’s death lies squarely and solely on the MACC, and that immediate action must be taken to hold the culpable officers accountable for their behaviour,” said Bar Council president Lim Chee Wee.
On the same day, DAP leader Lim Kit Siang urged attorney-general Abdul Gani Patail and the MACC to explain why no action has been taken against the three MACC officers.
MACC then issued a statement late in the afternoon, announcing that it has suspended the trio, without naming them, but a check by Malaysiakini with the MACC public relations officer confirmed their identities.
The anti-graft body also formed a special investigation team led by MACC deputy chief commissioner(management and professionalism) Zakaria Jaffar to carry out an internal probe based on the RCI report.
However, in the statement written in Malay, MACC described the findings of RCI against the trio as “tohmahan” (accusations).
Meanwhile, another online report published by English daily The Star quoted Nazri as saying that the government wants the trio to be charged in court.
He said the government had asked for an investigation paper to be opened based on the report’s findings, and he hoped attorney-general Abdul Gani would look deeply into it once police investigations were concluded.
“There definitely was an offence committed under the Penal Code. We hope there will be enough evidence for the AG to bring this to court,” he told the daily, stressing that the decision to prosecute was in the hands of the AG.
On the other hand, Prime Minister Najib Abdul Razak gave a non-committal answer, saying that any action taken against the trio should be based on existing laws and regulations.
July 25
Contrary to Nazri’s statement, Selangor police have decided not to investigate the report’s findings as “nothing was said about them breaking the law”.
“From the findings of the RCI, they were found to have used aggressive, persistent and unscrupulous questioning methods on Teoh which violated MACC’s procedures. However, there was no finding of criminal offence on the political aide’s death,” said Selangor police chief Tun Hisan Tun Hamzah in a Malay Mail report.
July 26
MACC director of investigations Mustafar Ali said there will be no further suspension of others besides the three officers, and no time frame has been fixed for the internal probe.
He explained that the MACC did not want to rush its internal probe into the RCI’s findings.
Mustafar also revealed that the internal probe will focus on administrative and procedural issues, while criminal investigations will be left to the police.
MACC driven to improve itself based on TBH RCI report
Although civil society, the opposition, the Bar Council and even Minister in the Prime Minister’s Department Mohd Nazri Aziz have demanded that the trio be charged with a criminal offence, this has not been heeded by the police, who claimed the MACC officers had not broken any law.
Currently the trio have been suspended pending an internal probe by the MACC which, however, did not fix any time frame.
Malaysiakini has compiled a chronology since the release of the RCI report.
July 21
The 124-page report was unveiled by Nazri (below) during a press conference at the Parliament building.
The report concluded that Teoh was “driven to commit suicide by the aggressive, relentless, oppressive and unscrupulous interrogation to which he was subjected by certain officers of the MACC”.The RCI claimed that most probably there was a fourth interrogation carried out by the then-Selangor MACC deputy director Hishamuddin Hashim, and two of his enforcement officers - Mohd Anuar Ismail and Mohd Ashraf Mohd Yunus, which was described as the “final straw that broke the camel's back”.
However, it should be noted that the fourth interrogation, in which the RCI clearly put the blame on the trio, is merely a postulation made by the commission in order to explain the psychiatric changes of Teoh which had claimed his life.
Besides the trio, the report also accused another MACC officer, Arman Alies, of using inappropriate interrogation techniques on Teoh.Arman was described as a ‘bully’ who would manipulate his witness to obtain evidence.
The RCI also alleged that Hishamuddin (left) and other MACC officers under his supervision had lied during the inquiry.
However, the report noted that Hishamuddin was promoted to Negri Sembilan MACC director after the incident.
July 23
The Bar Council released a statement demanding that the authorities investigate the relevant MACC officers for possible offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder, and for causing Teoh’s death through negligence, respectively.
“It is very clear to the Malaysian Bar that full responsibility for Teoh Beng Hock’s death lies squarely and solely on the MACC, and that immediate action must be taken to hold the culpable officers accountable for their behaviour,” said Bar Council president Lim Chee Wee.
On the same day, DAP leader Lim Kit Siang urged attorney-general Abdul Gani Patail and the MACC to explain why no action has been taken against the three MACC officers.
MACC then issued a statement late in the afternoon, announcing that it has suspended the trio, without naming them, but a check by Malaysiakini with the MACC public relations officer confirmed their identities.
The anti-graft body also formed a special investigation team led by MACC deputy chief commissioner(management and professionalism) Zakaria Jaffar to carry out an internal probe based on the RCI report.
However, in the statement written in Malay, MACC described the findings of RCI against the trio as “tohmahan” (accusations).
Meanwhile, another online report published by English daily The Star quoted Nazri as saying that the government wants the trio to be charged in court.
He said the government had asked for an investigation paper to be opened based on the report’s findings, and he hoped attorney-general Abdul Gani would look deeply into it once police investigations were concluded.
“There definitely was an offence committed under the Penal Code. We hope there will be enough evidence for the AG to bring this to court,” he told the daily, stressing that the decision to prosecute was in the hands of the AG.
On the other hand, Prime Minister Najib Abdul Razak gave a non-committal answer, saying that any action taken against the trio should be based on existing laws and regulations.
July 25
Contrary to Nazri’s statement, Selangor police have decided not to investigate the report’s findings as “nothing was said about them breaking the law”.
“From the findings of the RCI, they were found to have used aggressive, persistent and unscrupulous questioning methods on Teoh which violated MACC’s procedures. However, there was no finding of criminal offence on the political aide’s death,” said Selangor police chief Tun Hisan Tun Hamzah in a Malay Mail report.
July 26
MACC director of investigations Mustafar Ali said there will be no further suspension of others besides the three officers, and no time frame has been fixed for the internal probe.
He explained that the MACC did not want to rush its internal probe into the RCI’s findings.
Mustafar also revealed that the internal probe will focus on administrative and procedural issues, while criminal investigations will be left to the police.
MACC driven to improve itself based on TBH RCI report
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