(Bernama) - The Malaysian Anti-Corruption Commission (MACC) today failed in its attempt to stay the inquest into the death of political aide Teoh Beng Hock after the Court of Appeal here ordered the hearing to proceed.
Justice Datuk Wira Low Hop Bing, who led the panel comprising Datuk K N Segara and Datuk Ramly Ali, said the court did not wish to disturb the proceedings at the Shah Alam High Court and the MACC could continue to call the other witnesses.
Earlier, deputy public prosecutor C K Wong, appearing for the MACC, applied for an interim stay of the inquest pending the MACC's appeal against the Petaling Jaya High Court's refusal of its application to expunge the testimony of a witness, T Sivanesan, who had testified that he had been abused and tortured by MACC officers during an interrogation last year.
Low said the court would hear both matters together as the written grounds of judgment of the Petaling Jaya High Court was not ready.
"The registrar of the court will fix an early date to hear both matters together. The registrar is also to write to the secretary of the Petaling Jaya High Court Judicial Commissioner for the grounds of judgment to be supplied on an urgent basis," he said.
Wong said that if Sivanesan had completed his evidence, the appeal would become academic.
Sivanesan had given evidence earlier but had yet to be questioned by the MACC.
The inquest is fixed for tomorrow to hear the evidence of the other witnesses.
On Sept 10, Judicial Commissioner Datin Yeoh Wee Siam dismissed the MACC's application for a revision after ruling that there was nothing illegal, incorrect or improper in the coroner allowing Sivanesan to testify at the inquest.
She also rejected the MACC's application for a stay.
On Sept 9, Coroner Azmil Muntapha Abas riled that the police report lodged by Sivanesan dated Sept 11 last year, alleging that he was abused and tortured by a group of MACC officers, was relevant to assist the inquest in determining Teoh's cause of death.
He then allowed Sivanesan to testify and accepted the police report together with a set of photographs of alleged injuries tendered in court.
Following that, the MACC filed for a revision of the coroner's decision.
Teoh, 30, a political aide to Selangor state executive councillor Ean Yong Hian Wah, was found dead on July 16 on the fifth floor corridor of Plaza Masalam in Shah Alam after having given a statement as a witness to the MACC over allegations of misuse of funds by Selangor state executive councillors.
Counsel Karpal Singh and Gobind Singh Deo are appearing for Teoh's family and counsel Malik Imtiaz Sarwar and Azmah Yunus, for the Selangor government.
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