Sister keeps candle burning to seek justice for Teoh Beng Hock

September 13, 2014

cm
BY JENNIFER GOMEZ

Published: 13 September 2014

Teoh Lee Lan lodged a police report on Tuesday asking for fresh investigations into the death of her brother, Teoh Beng Hock. – The Malaysian Insider pic by Afif Raiezal, September 13, 2014.

For the last five years since her brother’s death, Teoh Lee Lan has worn little else but black in public. And she has been carrying her dead brother Teoh Beng Hock’s memory with her, literally, wherever she goes.

Dressed in her usual attire of a black T-shirt imprinted with the dead DAP political aide’s smiling face on it, the 34-year old auditor lodged a report at the Shah Alam police headquarters on Tuesday asking for fresh investigations into his death.

This came about after the Court of Appeal on September 5 set aside the open verdict by a coroner on Beng Hock’s death, ruling out suicide and stating that “a person or persons were responsible for his death”.

It could not be helped that Lee Lan had to file her police report just metres away from the Malaysian Anti-Corruption Commission (MACC) office in Plaza Masalam where her 30-year old brother was found dead five years ago.
Beng Hock had gone to the MACC office on July 15, 2009, to give a statement in the agency’s probe into graft allegations against his boss, Selangor exco Ean Yong Hian Wah.

He was found dead the next day, lying on a landing on the 5th floor of the building. He was believed to have fallen to his death from a window on the 14th floor of the building.

“I’m tired,” she admitted, of the countless trips to the court to attend the inquest into his death, and then the Royal Commission of Inquiry (RCI), and then the appeal process at the Court of Appeal.

She remains committed, however, to holding up a candle for her brother until the desired result is achieved – finding Beng Hock’s killers, and bringing them to justice.

Lee Lan has been at the forefront of her family’s crusade in seeking justice for Beng Hock. She has attended forums, given talks and held public memorials. These have taken her nationwide, except for Sabah.

She is also active in non-governmental organisations campaigning against custodial deaths, including the one set up in memory of her brother called the Teoh Beng Hock Trust for Democracy.

All this while, Lee Lan has been the main spokesperson for her family.

Teoh Beng Hock died five years ago. – September 13, 2014.

Lee Lan met with The Malaysian Insider after the Court of Appeal’s verdict to talk about the family’s ongoing fight for justice.

She said friends tell her that she has changed. They say that before the incident, she was just a normal girl who hung out with her friends and did not know much about politics.

And overwhelming sadness was something she had never felt before losing her brother.

“All that changed and every time I went to court, or each time I saw (Soh) Cher Wei, the tears would just flow,” she said, referring to the woman Beng Hock was engaged to marry. Cher Wei was three months pregnant with their son, Er Jia, when Beng Hock died, and married him posthumously according to Chinese rites.

“My friends said that I have become brave, but that is not true, this is something I do out of love for my brother. Many people would do the same if they were in the same situation,” said Lee Lan.

Lee Lan married her college sweetheart last year, and counts on his support to keep the torch burning for her brother.

Of her analyst husband whom she has known since 2001, she said: “He is a very good listener and supports me in everything I do.

“He has journeyed with me and has seen how the incident has impacted me, he also knew Beng Hock very well.”

Hoping to start a family of her own soon, Lee Lan, who has always been photographed crying or looking sombre in the early years after her brother’s death, is now able to see a silver lining in the tragedy.

“If there is any good that has come out of this, it is that people are more aware about political issues and custodial deaths.

“With Beng Hock’s case, people can see how the police do their investigations, how pathologists behave, how judges make decisions in the courtrooms and how the MACC can deny their responsibility.

“To put it plainly, the people can see the true face of the government,” she said.

Lee Lan added that she was also amazed with the support given to her family, not only by politicians and NGOs, but more importantly, from the general public.

“We have had many events and gatherings in the name of justice for Beng Hock and it is very heartening to see the large public support,” she said.

Still, her mother, Teng Shuw Hoi, has trouble sleeping as she pines for her son, who was very close to her and who would call her several times a day.

Lee Lan, Beng Hock and their three other siblings were very close-knit as they were each born about a year apart. The eldest sister is now 40 and Beng Hock, the fourth in the family, would have been 35 if he was still alive today.

“My mother thinks of him when she cooks his favorite food and even when she washes clothes, because he used to bring back his laundry every week and she would wash, iron and put them back neatly into his bag,” she said.

Her mother was always looking for similarities between her grandson, Er Jia, now 5, and Beng Hock, Lee Lan added.

Her sister-in-law Soh, had moved back to Batu Pahat to live with her parents since Beng Hock’s death. Before the 13th general elections last year, Lee Lan said Soh told a public event that the day Beng Hock died was “the end of the story for her family life”.

And two years ago, Soh’s mother passed away as well.

Yet, Lee Lan believes there is hope.

“Cher Wei cannot forget him but to us Er Jia signifies the continuation of Beng Hock’s life and is our hope,” she said.

Still, closure remains distant for the family while her brother’s murderers are free.

“My parents will never be over the death of their son, especially when he was killed and no one is held responsible.

“But we keep telling my mother to stay healthy so that she can see the end of this story, the day my brother’s killers are brought to justice,” she said.

Lee Lan also said she never thought that she and her family would have to wait this long after they had met Datuk Seri Najib Razak soon after her brother’s death.

According to her, the prime minister had promised that there would be “no stone left unturned if there was sufficient evidence to pinpoint the culprits responsible for Beng Hock’s death”.

How does she feel about this now? Lee Lan answered simply: “Well, he did not keep his promise.”

She added: “I think without political interference, this case would have been solved and I believe they know who is responsible but continue to protect them.

“We, on the other hand, will continue to push for the killers to be punished and will not rest until then.

“We vow not to leave any stone unturned in seeking justice for Beng Hock,” said Lee Lan. – September 13, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/sister-keeps-candle-burning-to-seek-justice-for-teoh-beng-hock#sthash.5sf2yojw.dpuf


Reasonable suspicion is enough to start investigation, say judges in Teoh Beng Hock’s case

September 6, 2014

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 6 September 2014

https://my.news.yahoo.com/video/mp-igp-minister-apologise-over-103138126.html

The Court of Appeal judges hope that there will be closure for Teoh Beng Hock’s family. – The Malaysian Insider file pic, September 6, 2014.

In a unanimous landmark judgment delivered in the Teoh Beng Hock case yesterday, the Court of Appeal ruled that only a lower standard of proof, which is the balance of probabilities, is required in an inquest to find out the cause of death.

Datuk Mah Weng Kwai, who delivered the main judgment, said the “beyond reasonable doubt” test which is a higher burden of proof, was only applicable in criminal trials and not in inquests.

However, Mah and the chairman of the three-man bench, Datuk Mohamad Arif Md Yusof, said a coroner could deliver an open verdict, as was in Teoh’s case.

Judge Datuk Hamid Sultan Abu Backer dissented, saying there was no provision in the Criminal Procedure Code for a coroner to come to such a verdict.

However, based on the overwhelming evidence during the inquest in Teoh’s case, the three-man bench said the coroner was not correct to follow the “beyond reasonable doubt” test in the inquiry.

The court substituted the open verdict to that of death caused by person or persons unknown.

The ruling has clarified the legal position in Malaysia and now provides guidance to Sessions Court judges who sit as coroners.

Below are excerpts of the judgments:

Datuk Mah Weng Kwai

Datuk Mah Weng Kwai says ‘beyond reasonable doubt’ is only applicable for criminal trials and not in an inquest. – September 6, 2014.

Section 328 of the Criminal Procedure Code (CPC) speaks of opinion. Although that section is silent on the standard of proof, it cannot be said that there is no standard to be applied.

I am of the view that all that is required of the magistrate is to arrive at an opinion applying the balance of probabilities (civil) standard test on an objective basis.

It must be understood that being criminally concerned in the death of a deceased does not necessarily mean being criminally liable.

Criminally concerned or reasonable suspicion imports a lower threshold of proof than criminal liability.

There is no provision in the CPC for an open verdict to be made.

However, I am of the view that the return of open verdict has been part of the established jurisprudence under Common Law. Accordingly, an open verdict is a lawful verdict.

Teoh Beng Hock died while under the custody of the MACC (Malaysian Anti-Corruption Commission).

Thus, it was incumbent on the magistrate to have treated Teoh’s death as custodial death when arriving at an opinion.

This verdict (of misadventure) can be completely ruled out simply because there was no evidence whatsoever to suggest that Teoh had accidentally fallen out of the window on the 14th floor of the MACC office (in Plaza Masalam, Shah Alam).

I will also rule out the verdict of suicide for the following reasons:

(The judge then outlined nine reasons, chief among them was that Teoh was a young man of 30 years, gainfully employed, about to be married and to be a father within a matter of months).

Thus, without any findings of culpability on the part of MACC officers, I do not think Teoh would have been driven into a state of mind to want to kill himself to end everything.

As all evidence points towards homicide, the correct verdict is death caused by a person or persons unknown.

From the evidence of three pathologists, it can be concluded that some force/trauma must have been applied to the neck of Teoh, such as a stranglehold which could cause an interruption to the supply of oxygen to the brain.

As a result, he lost some consciousness and thereby became disorientated.

The bruise mark on the neck was categorically stated by (Thai pathologist) Dr Porntip Rojanasunam to be a pre-fall injury.

I am of the view that Teoh fell out of the window of the 14th floor when he was alive and was either fully unconscious or semi-conscious at the least.

Every effort must be made to track down the perpetrator/s in a thorough police investigation.

No one should be spared so that there will be no cover-up. And with that hopefully, there will be some closure of the case for the family of Teoh.

Datuk Hamid Sultan Abu Backer

Datuk Hamid Sultan Abu Backer says there is no provision for a coroner to deliver an open verdict. – September 6, 2014.

There is no provision in the Criminal Procedure Code (CPC) for a magistrate to act as coroner to deliver an open verdict.

In addition, the CPC does not require the magistrate to place a high threshold standard of proof to arrive at a finding.

The magistrate under the CPC has no obligation to state who is criminally liable.

The threshold for the magistrate to determine the issue is low and reasonable suspicion itself is sufficient as opposed to beyond reasonable doubt or balance of probabilities as it relates to who is criminally concerned.

The learned magistrate in the instant case had assumed the role of a coroner and proceeded to deliver an open verdict, relying much on the erroneous Practice Direction No 1 of 2007 relating to guidelines on inquest which is inconsistent with the provisions of the CPC.

When the statute (CPC) is clear in its application, common law principles cannot be imported.

The failure to follow the relevant provisions of the law has resulted in erroneous results which have caused the need to appoint a Royal Commission and have also attracted undue condemnation by the public of our criminal justice system.

This has led to a miscarriage of justice to the family members of the deceased.

Dictionary meaning defines “open verdict” to mean verdict of a coroner’s jury affirming the occurence of suspicious death but not specifying the cause.

However, Section 328 (of the CPC) specifically requires the cause of death or apparent cause of death to be identified and entrusted, adding responsibility on the magistrate in contrast to coroners or the jury.

In England, the position of the coroner or jury is to find who is criminally liable and a high threshold is placed.

In Malaysia, the role of a magistrate is to find who is criminally concerned and the CPC caters for a low threshold.

MACC cannot disclaim liability when its officers had taken the deceased to custody which resulted in his death.

In ordinary circumstances, if the oppressors had been lay persons, they would have been charged with murder with common intention. That was not done, which resulted in a public outcry.

In my view, such failure breached the rule of law and breached several provisions of the Federal Constitution.

The magistrate on the available evidence ought to have identified the person who is criminally concerned but it was not done in this case.

Datuk Mohamed Arif Md Yusof

The magistrate, sitting as a coroner, is required to only inquire “when, where, how and after what manner the deceased came to his death and whether any person is criminally concerned in the cause of the death”.

There is no statutory requirement for the magistrate/coroner to determine the criminal or civil liability of any person.

Whatever may be the legal rules obtained in England and Wales, ultimately we have to be governed by our own statutory provisions.

Under our law, the magistrate is merely required to form an opinion as to the cause of death.

I am also in agreement with my learned brothers that the proper standard of proof in death inquiries should be on the balance of probabilities.

The criminal standard of proof beyond reasonable doubt can come later when a charge is preferred and a criminial trial proceeds.

I share a different view from that expressed by my learned brother (Datuk Hamid Sultan Abu Backer) that there cannot be an open verdict entered in our law.

The open verdict is part of the established jurisprudence here and other parts of the Commonwealth.

I do not believe it should be removed from our law without a compelling justification.

The learned magistrate has placed insufficient emphasis on the strong circumstantial evidence by inordinately insisting on direct substantive proof.

The strong, compelling evidence of the pre-fall injuries point to some unlawful act/assault by a person or persons unknown on the 14th floor of Plaza Masalam.

The failure by the magistrate and the High Court judge to properly evaluate the conduct of the MACC officers and the evidence of “cover up” led to a serious miscarriage of justice. – September 6, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/reasonable-suspicion-is-enough-to-start-investigation-say-judges-in-teoh-be#sthash.W9eozb9J.dpuf

http://www.kehakiman.gov.my/directory/judgment/file/B-09-283-12-2011_datoArif.pdf
http://www.kehakiman.gov.my/directory/judgment/file/B-09-283-12-2011_DatoMah.pdf

Just admit it, MACC at fault in Teoh’s case

September 6, 2014

Teoh Beng Hock was under the custody of MACC when he was murdered, period. MACC is fully responsible for TBH’s custodial death. There were only a few MACC officers who interviewed TBH that whole night and TBH wasn’t even a suspect. Is it that difficult to nab the murderers of TBH??

————————————————————————————————————————————————-

YOURSAY ‘Don’t just collect gaji buta by asking the police and AG to act.’

Minister: Up to AG, police to act on Teoh case

Haveagreatday: Minister of the Prime Minister Department Paul Low, be man enough to own up for a government that’s too cowardly to do so: by this Court of Appeal ruling, the Malaysian Anti-Corruption Commission (MACC) is liable for former DAP aide Teoh Beng Hock’s death, period.

Onyourtoes: Don’t just collect gaji buta, Paul Low. Don’t just ask the police and attorney-general (AG) to act. You should table the course of action in the next cabinet meeting and ask the cabinet to direct the AG and the police to act within a specific time-frame.

Teoh Beng Hock and his family have waited long enough for justice. You are just making people go round in circles – the inquiry, the royal commission, the police, the AG, the lower court, the higher court, and now you are asking the AG and police to decide again.

Hope234: After five painful years of sorrow and anguish, we the rakyat want to see speedy action to close the case. The AG and PDRM (Royal Malaysian Police) always act swiftly against opposition leaders and supporters. Let us wait ‘patiently’.

CiViC: AG’s Chambers and PDRM? Yes, we can ‘totally’ rely on them and believe and trust them 100 percent to react at the speed and efficiency the way opposition leaders are charged with sedition and the Penang Voluntary Patrol Unit (PPS) arrested in bulk.

Where are we? Dreamland?

Axolotl: “The case is now being evaluated by the two authorities,” said Low.

Leaving it to AG Abdul Gani Patail and inspector-general (IGP) Khalid Abu Bakar to ensure justice prevails is akin to entrusting a newborn lamb to the care of two ravenous wolves.

Onyourtoes: Now you said it is up to the AG and the police. Before this, did you not say the internal probe of the MACC had cleared all its officers in Teoh Beng Hock’s death?

Real Truth: Paul Low, you should bring to book the AG and IGP for failing in their duty and failing to act properly in this case.

Now the court has directed that they do so and it is your duty to make sure that they do catch the culprits who were responsible for such a heinous crime.

Low should also inform his government that criticising the government is not seditious as we all want a government that is corruption free and transparent.

Fair&Just: What a pathetic country is this? Do we need a minister for such things as integrity, good governance and human rights?

It goes to show the nation is having problems with such attributes and is a corrupt, dishonest, dirty and evil country.

Mohican: We don’t need a minister for integrity, good governance and human rights. We need a cabinet of ministers of integrity, good governance and human rights.

Beng Hock’s sister gives PM three-day ultimatum

StopMonkeying: The suicide theory is ridiculously unbelievable. Only idiotic morons would be made to believe that. Amidst all the injustice and oppression, we are getting a glimmer of hope in Bolehland with the Court of Appeal’s decision today.

Hopefully more judges will get the cue and act fairly without fear or favour in accordance with the oath they have pledged.

Fair&Just: The verdict today is a most logical and common sense conclusion. Teoh was called in as witness, with a wife and an unborn child waiting for him at home. There is no reason at all to commit suicide for he is not even the offender, but only a witness.

Mosquitobrain: A young man has lost his life under MACC custody. PM Najib Razak has promised Teoh’s family to leave no stone unturned.

Now the Court of Appeal has overturned the lower court’s suicide verdict, we really hope Najib will honour his promise. Do not do the ‘The Empty Promise’ dance.

Shibboleth: Ms Teoh Lee Lan, you gave the PM a three-day notice? The ‘NGO’ bully boys will say that you are “arrogant” and they will show their buttocks to you.

Anonymous #33722082: TBH family is being rude, vulgar and unrealistic to give an ultimatum to the PM and the government.

They should be thankful that the court found in favour of homicide. Intentionally killing TBH is unlikely. It is more likely to be involuntary homicide for which somebody is nevertheless liable.

It would take time for the police and the AG (attorney-general) to act on the courts findings. Finding evidence sufficient to convict after such a long time may be difficult. Unless someone within MACC is willing to testify.

Nonbeliever: Will the judges be charged with sedition for concluding that Teoh was ‘murdered’?

 


So who murdered Teoh Beng Hock?

September 6, 2014

At last after 5 years, a good and fair judgement by the Apellate court….. Phew!!tuxpi.com.1409969526

YOURSAY ‘Who were those last seen with TBH when he was alive?’

Court overturns open verdict on Beng Hock

Versey: “I do not see how any reasonable tribunal did not take action on the MACC (Malaysian Anti-Corruption Commission) officers. The criminal justice system has to be upheld,” said Court of Appeal judge Hamid Sultan Abu Backer.

Well said and thumbs up for Justice Hamid Sultan. Thanks and salute to Justice Mah Weng Kwai and Justice Mohamad Ariff Md Yusof too.

This country needs more fair minded officials and public servants like the three of you to work for the betterment of this country.

Peacemaker: Judges Mohamad Arif, Mah and Hamid Sultan need to be upheld in prayer by all right-minded and justice-loving Malaysians for finally deciding what most Malaysians already knew.

There is some hope still that honest judges walk the Palace of Justice in Putrajaya. Now we want to see the MACC and police jointly act to catch the culprits and give them the hardest sentence of their lives.

Haveagreatday: Wow! I have not read a judgment that lifted my shaky opinion of our judiciary so high until this one. Let’s see how those promoted MACC officers wriggle out of this.

Onyourtoes: So who were those responsible for TBH’s (Teoh Beng Hock’s) death? Who were those last seen with TBH when he was still alive?

Now, make those last seen with TBH sit on ice, I am sure the truth will come up very quickly. Who want to wager with me?

Ex-PJ: Why was the DNA of the unknown male on TBH not checked against that of all MACC male staff in the building at the time his death? An obvious thing to do and yet not done.

Gerard Lourdesamy: In any other country, the MACC officers concerned would have been charged in court and sacked. But in Malaysia, they were retained and got promoted instead.

The system is so rotten to the core that it is beyond redemption. Custodial deaths must be dealt with seriously irrespective of race or religion.

If the MACC cannot guarantee the safety of witnesses and suspects, it should be disbanded and perhaps we should ask Hong Kong’s ICAC (Independent Commission Against Corruption) to take over investigations in Malaysia.

Mohgui: I am glad to be reading that there is still hope in the judicial system. The question now is, how long will the new investigation last. I bet it will take years unless someone starts to sue.

Anonymous_3faa: Finally, TBH family’s prayers, and prayers of all those who persevere with them, are answered.

God works in mysterious ways, but always in the end, justice will prevail, if not in this life, then in the next.

This will open up a can of worms on all the custodial deaths of the past many years. Murder it is, no less.

And this case is truly a reflection of the rot and decay that has set in when institionalised crimes are condoned and committed by those in power.

Tok Karut: There was a time when lawyers despair of Mah as Bar president. Perhaps the bench suits him better. My hat to you after reading your judgments in this and several others, sir!

Ginie: The judgments by the Court of Appeal are most logical, most reasonable, and most appropriate. This case should be reopened and the guilty ones should be brought to face justice.

But the problems here are the AG (attorney-general) and the deputy public prosecutors because they will prosecute their own brothers. Will they be professional? I have my reservations on this.

Wira: Every reasonable person in Malaysia would see this as a custodial death except MACC and those beholden politically to the interested parties. The gods must be weeping.

Tell the Truth: Finally, justice is being done for Teoh Beng Hock. I hope the PDRM will now investigate real crimes instead of arresting people who are volunteering their time to do PDRM’s work to keep the community safe.

Kudos to the three judges.

Negarawan: Syabas to the three judges for bringing back some integrity and trust into our judiciary. This is a move in the right direction.

Hopefully we will see all the unjust and politically motivated sedition charges on opposition figures are nullified.

Ourvotesdecide: This very outstandingly sound decision will hopefully serves as a deterrent to those in authority not to be tempted to abuse their power.

Let them always remember that they will be held fully accountable for all their actions.

Abasir: So it was murder most foul. And what followed was a systematic cover-up of the killing by everyone in the chain of command.

If the men who constitute MACC had even a sliver of decency, they would resign en masse for having been, wittingly or otherwise, a party to the murder.

 


Appellate court orders cops, AG to get those behind Beng Hock’s death

September 5, 2014

BY IDA LIM
SEPTEMBER 5, 2014

Teoh’s family lawyer Gobind Singh Deo confirmed to reporters that today’s decision is final and cannot be appealed at the Federal Court as the inquest had originated at the Coroner’s Court and presided over by a magistrate. ― file picture
Teoh’s family lawyer Gobind Singh Deo confirmed to reporters that today’s decision is final and cannot be appealed at the Federal Court as the inquest had originated at the Coroner’s Court and presided over by a magistrate. ― file picture
PUTRAJAYA, Sept 5 — The Court of Appeal today directed the police and the Attorney-General Chambers (AGC) to re-investigate and prosecute the individuals responsible for the 2009 death of former DAP political aide Teoh Beng Hock.

Justice Datuk Hamid Sultan Abu Backer noted the appellate court’s unanimous ruling today that Teoh’s death was caused by “unlawful acts” by unknown persons including the Malaysian Anti-Corruption Commission (MACC) officers who had questioned him overnight before his death.

“In consequence I will allow the appeal and direct the Inspector-General of Police and Attorney-General’s Chambers to do the needful to commence investigation under the CPC (Criminal Procedure Code) and prefer appropriate charges as they deem fit,” said Hamid Sultan, who was the second judge to read out his judgement.

The two others on the three-judge panel — Datuk Mohamad Ariff Mohd Yusof and Datuk Mah Weng Kwai — made a similar direction.

To avoid perceptions of a “cover-up”, Mah said no efforts should be spared in bringing the alleged perpetrators behind Teoh’s death to book.

“And hopefully this will bring some closure for the family of Teoh Beng Hock,” he said.

The judges pointed out that an inquest was merely a fact-finding mission to determine a person’s cause of death and does not result in anyone being found guilty or liable.

Mohamad Ariff, who chaired the panel, said when explaining their decision: “No criminal or civil liability of any person is established.”

He said liability for the death will depend on “further investigation”, saying that a handwriting expert skilled in reading Mandarin characters should restudy Teoh’s alleged suicide note, which was controversially introduced during the inquest as evidence weeks after his death.

“Ultimately it will be for the public prosecutor to determine whether any person or persons should be charged,” he added.

But Hamid Sultan also said in his judgement that: “Under the Federal Constitution, the courts have no powers to compel the learned Attorney-General to institute proceeding against the culprits save to give ‘prerogative directions’, which is vested in the courts.”

He said the constitution only provides sanctions when orders or ‘prerogative directions’ are not obeyed.

The Court of Appeal was reviewing the decision by the Coroner’s Court in 2011, which had delivered an open verdict, ruling that Teoh’s death was not a homicide or a suicide.

The Teoh family’s lawyer Gobind Singh Deo confirmed to reporters that today’s decision is final and cannot be appealed at the Federal Court as the inquest had originated at the Coroner’s Court and was presided over by a magistrate.

In setting aside the two earlier decisions of the Coroner’s Court and High Court, all three judges on the Court of Appeal panel substituted it with their verdict today, saying:

“The death of Teoh Beng Hock was caused by multiple injuries from a fall from the 14th floor of Plaza Masalam as a result of or which was accelerated by the unlawful act or acts of persons or persons unknown, inclusive of MACC officers who were involved in the arrest and investigation of the deceased.”

Teoh’s family have been in and out of the courtrooms over the past five years, after the 30-year-old groom-to-be was found sprawled in a pool of his own blood on the fifth-floor landing of the Plaza Masalam building in Shah Alam on the morning of July 16, 2009, days before his wedding.

- See more at: http://www.themalaymailonline.com/malaysia/article/appellate-court-orders-cops-ag-told-to-get-those-behind-beng-hocks-death#sthash.rXWVP9RV.dpuf

Reopen Beng Hock’s case now, says sister
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 5 September 2014

A sister of the late Teoh Beng Hock (pic) said the inspector-general of police must not waste time in reopening her brother’s case following today’s Court of Appeal ruling.

Lee Lan said the court verdict was crystal clear that there was criminal culpability.

“My brother was murdered, only that the culprit is unknown,” an emotional Lee Lan told reporters after emerging from the courtroom in Putrajaya today.

She said the ruling was sweet victory for justice although it came five years after Beng Hock’s death.
“It was a worthwhile wait to hear this ruling.”

She also jogged the memory of Prime Minister Datuk Seri Najib Razak who promised her parents that no stone would be left unturned if there was sufficient evidence to pinpoint the culprits responsible for Teoh’s death.

Najib had met the parents soon after he became prime minister in 2009.

Lee Lan said said the family would give police a reasonable time to begin their investigations but would act if they kept flip-flopping.

“We will act within the law like holding forums and protests,” added the 34-year auditor.

Gobind Singh Deo, who represented the family, said the three written grounds were testimony that there was foul play in Teoh’s death.

“It has been long and winding five years for a court to finally declare that his death was not due to suicide nor was it an accidental death,” said Gobind, who is also Puchong MP.

He said today’s ruling had lowered the standard of proof in an inquiry and clearly stated that the coroner’s role was to collect evidence for the police to conduct further investigations.

“This is significant, especially in death-in-custody cases.”

In this case, Gobind had told the judges that there was ample evidence to support the findings that Teoh’s death was consistent with that of homicide.

He had said there was credible evidence to show that there was a pre-fall injury to Teoh’s neck.

He said expert evidence showed that there was a bruise on the left side of the deceased’s neck, indicating that some force was applied on the neck.

Gobind also expressed hope the government would concede to the civil suit filed by Teoh’s family.

“Today’s ruling is clear that the Malaysian Anti-Corruption Commission was liable and the government should pay damages,” he said.

The High Court is scheduled to hear the matter in November.

Teoh’s father, Leong Hwee, his mother, Teng Shuw Hoi, his widow Soh Cher Wei and their son Teoh Er Jia are seeking damages against the MACC and 12 others for assault and occupier’s liability.

So far, 13 witnesses have given evidence for the family.

Kulai MP Teo Nie Ching said the Minister in the Prime Minister’s Department Datuk Paul Low should apologise to the public and Teoh’s family when he said the MACC internal investigation cleared all officers who interrogated the deceased.

“It is clearly a cover-up and Low should own up,” she said.

Teo said police should also drop its sedition probe into DAP parliamentary leader Lim Kit Siang, who had publicly stated that Teoh’s death was due to foul play.

“The court ruling has proven Kit Siang right.” – September 5, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/reopen-beng-hocks-case-now-says-sister#sthash.DQUL9kcp.dpuf

 


Beng Hock’s death not suicide, caused by ‘unknown’ persons and MACC, court rules

September 5, 2014

BY IDA LIM   SEPTEMBER 5, 2014

ss2

Teoh Shuw Hoi, mother of Teoh Beng Hock, walks towards the courtroom while holding a portrait of her son in this file picture. The Court of Appeal unanimously ruled today that Teoh’s 2009 death was caused by the act of ‘persons or persons unknown’. — AFP pic

PUTRAJAYA, Sept 5 — The Court of Appeal unanimously ruled today that former DAP political aide Teoh Beng Hock’s 2009 death was caused by the act of “persons or persons unknown”, including the Malaysian Anti-Corruption Commission (MACC) officers who had questioned him overnight before he was found dead.

Datuk Mah Weng Kwai said the magistrate in the Coroner’s Court and the High Court had erred by respectively giving an open verdict and upholding the verdict.

“We are of the view that the correct verdict to be returned in the inquest is caused by persons or persons unknown,” said Mah, the first judge to read out his judgement.

He ruled out the two other possible verdicts of suicide and death by misadventure.

The Court of Appeal was reviewing the decision by the Coroner’s Court in 2011, which had delivered an open verdict, ruling that Teoh’s death was not a homicide or a suicide.

The Court of Appeal panel is chaired by Datuk Mohamad Ariff Md Yusof and includes Datuk Haji Hamid Sultan Abu Baker.

Government lawyer DPP Mohamad Abazafree Mohd Abbas and his colleague DPP Nadia Hanim Mohd Tajuddin had previously argued that coroner Azmil Muntapha Abas had acted correctly by delivering an open verdict on January 5, 2011.

At the end of the appeal hearing in May this year, Gobind reiterated his argument that the coroner ― by applying a lighter standard of proof ― would have been able to return a verdict of “death by homicide” or that MACC officers were “criminally concerned” in Teoh’s death.

On February 10, 2012, Teoh Meng Kee — Beng Hock’s elder brother ― filed an application at the Court of Appeal to review the open verdict delivered by the Coroner’s Court in 2011, after his application was rejected by the High Court on December 1, 2011.

Beng Hock’s family have been in and out of the courtrooms over the past five years, after the 30-year-old groom-to-be was found sprawled in a pool of his own blood on the fifth-floor landing of the Plaza Masalam building in Shah Alam on the morning of July 16, 2009, days before his wedding.

A Royal Commission of Inquiry into Beng Hock’s death, chaired by now-retired Federal Court judge Tan Sri James Foong Cheng Yuen, later ruled on July 21, 2011 that it was a suicide.

In a separate case filed on October 30, 2012, four of Beng Hock’s family members — his father Teoh Leong Hwee, his mother Teng Shuw Hoi, his then fiancee Soh Cher Wei and his son Teoh Er Jia — are seeking damages for sadness, loss of dependency and negligence on the part of the MACC and 13 other defendants in his death.

The civil suit for negligence has been stayed pending today’s outcome at the Court of Appeal.

- See more at: http://www.themalaymailonline.com/malaysia/article/beng-hocks-death-not-suicide-caused-by-unknown-persons-and-macc-court-rules#sthash.dtprKE7e.dpuf

Court of Appeal reverses open verdict ruling in Teoh Beng Hock’s death
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 5 September 2014

Coroner Azmil Muntapha on January 5, 2011 returned a verdict that Teoh Being Hock’s death was neither a suicide nor homicide. – The Malaysian Insider file pic, September 5, 2014.
Coroner Azmil Muntapha on January 5, 2011 returned a verdict that Teoh Being Hock’s death was neither a suicide nor homicide. – The Malaysian Insider file pic, September 5, 2014.
The Court of Appeal has set aside the open verdict by a coroner on the death of Teoh Beng Hock five years ago, ruling that “a person or persons were responsible for his death”.

Judges Datuk Mohamad Arif Md Yusof, Datuk Mah Weng Kwai and Datuk Hamid Sultan Abu Backer delivered separate judgments.

Mah said the coroner and the High Court erred in law in applying the wrong standard of proof.

He said‎ it should be on the balance of probability and not beyond reasonable doubt, adding that a person or persons were responsible for his death.
This unprecedented verdict may force the police to reopen investigations into Teoh’s death.

Coroner Azmil Muntapha on January 5, 2011 returned a verdict that Teoh’s death was neither a suicide nor homicide.

The High Court on December 1, 2011 upheld that decision. – September 5, 2014.

- See more at: http://www.themalaysianinsider.com/malaysia/article/court-of-appeal-reverses-finding-of-open-verdict-into-teoh-beng-hocks-death#sthash.JMBTYOvI.dpuf


NEGARA-KU”: A PEOPLE’S MOVEMENT TO RECLAIM OUR NATION WHY?

July 10, 2014

CHARTER: NEGARA-KU”: A PEOPLE’S MOVEMENT TO RECLAIM OUR NATION – WHY?

On a daily basis, we are confronted with serious challenges that have begun to undermine the very foundations of our Nation. The peace and harmony of our multi-ethnic, multi-faith and multicultural society are under threat.

Ethnocentric and race-based politics and communally-minded politicians continue to derail the process of inclusive nation building and the formation of a Bangsa Malaysia national identity. Importantly, religion is now increasingly used as a main marker of identity, and as a boundary maintenance mechanism to polarise the people.

There are political parties and their affiliates that are not focused on nation building, rather on building their respective power bases. These parties on both sides of the divide pursue their agenda that are transactional and short-term, not transformational and long-term.

The mobilisation and manipulation of race, ethnicity and religion have resulted in increasing intolerance, bigotry and extremism. There is also an emerging sub-culture of political violence. These are symptomatic of dangerous under-currents in our society.

The State, by default or design, has failed to address these pernicious developments. The State has also failed to play the role of an honest broker in managing conflicts in our society.

WHAT?

We believe the majority of the People want to end this brand of divisive ethno-religious politics.
We want to take ownership, fully cognisant, that Malaysia is a nation where her people are inextricably bound by a shared history, commonweal, and destiny.

We have to act before our society descends into the abyss of instability.

The “NEGARA-KU” Coalition aspires to mobilize and empower the People: -
1. To resist all forms of intolerance, bigotry, hatred, extremism, and violence;
2. To oppose all forms of discrimination, oppression, persecution and injustice;”
3. To strive for a socially inclusive society;
4. To exhort the State and its Institutions to respect, adhere and uphold the Rule of Law; and
5. To demand adherence to the principles of stewardship, integrity, accountability and transparency in all aspects of governance.

We will strive to do this by returning to the basics:-
The Federal Constitution as the Supreme Law of the Land;
The Malaysia Agreement; and
The Rukunegara as the guide for national objectives and values.
By this process of engagement and empowerment we endeavour to”HEAL THE NATION” and “RESTORE HOPE” in our future.
ss ss1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*

Bid to reclaim Malaysia for all launched

Published on Thursday, 10 July 2014 12:02
Written by Mirror On The Wall
View Comments
In what can be described an historical event, several NGOs and concerned citizens have come together as one nation to launch, what they have described a people’s movement, called Negara-Ku, to reclaim the nation.

Pak samadambiga-oct29The movement, which is led by national laureate A Samad Said or better known as Pak Samad and former Bar Council chair, Datuk S Ambiga and former Suhakam commissoner Tan Sri Simon Sipaun, has among other objectives, to reinstall the sense of peace, harmony, goodwill among all communities and understanding that Malaysia was so well known for in the past.

Zaid Kamaruddin is chairman of the Negara-Ku movement.

Aptly named ‘Negara-Ku’ or my country, the movement is focused on the formation of Bangsa Malaysia – a move away from the current ethnocentric and race-based politics of of the day.

In charter released today, the movement chastised race-based parties that are bent on perpetuating divisiveness and polarisation by reinforcing “their respective power bases”.

Resist, refuse and rebuke

The former Bersih 2.0 co-chair added that ethno-centric and race-based politics as well as communally-minded politicians continue to derail the process of inclusive nation-building and the formation of a Bangsa Malaysia national identity.

Samad also said that religion was increasingly being used as a main marker of identity, and as a boundary maintenance mechanism to polarise the people.

haris-ibrahim2Also present was activist Haris Ibrahim, who reminded the people of an epsisode in 1947 when the British attempted to divide the people of Malaya. He said that attempt failed.

“On October that year, the people, Malays, Chines and Indians downed tools and brought the administration to a halt.”

The new movement launched today he said, was to return Malaysia to te unity and harmony experienced in the past.

“Resist, refuse and rebuke the effort to divide us,” Haris said.

The Negara-Ku movement slammed what it described as “the manipulation of race, ethnicity and religion that has resulted in increasing intolerance, bigotry and extremism,” in a once prosperous and united nation.

The charter further says that the state apparatus has abdicated its traditional role of being honest and fair “brokers” in conflict management in society.

This, it said, has resulted in an “emerging sub-culture of political violence that are symptomatic of dangerous under-currents in society.”

The charter, which touches on a wide range of socio-ethnic issues, says that the proponents strongly believe that “the majority of the People want to end this brand of divisive ethno-religious politics.”

The movement emphatically states that it wants to “take ownership, fully cognisant, that Malaysia is a nation where her people are inextricably bound by a shared history, commonweal, and destiny.”

Among the stated objectives of the Negara-Ku charter are:

1. To resist all forms of intolerance, bigotry, hatred, extremism, and violence;
2. To oppose all forms of discrimination, oppression, persecution and injustice;
3. To strive for a socially inclusive society;
4. To exhort the State and its Institutions to respect, adhere and uphold the Rule of Law;
5. To demand adherence to the principles of stewardship, integrity, accountability and transparency in all aspects of governance.

The ultimate aim of the Negara-Ku charter is the healing of the nation, so ravaged recently by incendiary statements, and to restore hope to land that was once the envy of our neighbours.

//


Follow

Get every new post delivered to your Inbox.