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Saturday, 29 January 2011

Commission To Hand Over Report To King On April 25

KUALA LUMPUR, Jan 29 (Bernama) -- The Commission of Inquiry into the Teoh Beng Hock case will begin on Feb 14, and the final report will be handed over to the Yang di-Pertuan Agong on April 25.

Announcing this today, commission head Tan Sri James Foong who chaired its first meeting at the Jalan Duta Court Complex here, said it was up to the King to decide the next step on the report.

Foong, who is also Federal Court judge, said during the meeting, the commissioners held discussions on the terms of reference of the commission and went through the relevant sections of the Commission of Inquiry Act.

He said a high court room located on the third floor of the court complex would be used, adding that the proceedings would be held between 9am and 4.30pm from Monday to Friday.

"We are planing to hold the inquiry every day (Monday to Friday) until we complete it before April 25," said Foong.

He told reporters that during today's meeting, the five commissioners also met the three conducting officers of the inquiry from the office of the Attorney-General's Chambers, to enquire who would be called as witnesses.

"They told us that they will be holding a meeting on Monday to list out the witnesses and officers who would be assisting us in getting documents on rules and regulations of the Malaysian Anti-Corruption Commission (MACC)," said Foong.

The conducting officers were senior federal counsel Amarjeet Singh and deputy public prosecutors Awang Armadajaya Awang Mahmud and Kwan Li Sa.

On Wednesday, Prime Minister Datuk Seri Najib Tun Razak announced the setting up of the commission headed by Foong, after Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin consented.

The other four members of the commission are former federal judge Datuk Abdul Kadir Sulaiman, ex-Court of Appeal judge Datuk T. Selventhiranathan, Penang Hospital s senior consultant forensic pathologist Datuk Dr Bhupinder Singh and Cyberjaya University College of Medical Science s dean and consultant forensic psychiatrist Prof Dr Mohamed Hatta Shaharom.

Najib also announced the commission's terms of reference:

a) Whether or not, there was any impropriety in the conduct of the examination of Teoh in the course of an investigation into a Shah Alam report by the MACC, in relation to its standing orders and practices, and to recommend any appropriate action, where necessary; and,

b) To enquire into Teoh's death and the circumstances surrounding and contributing to his death.

Asked whether the commission would hold any meeting before Feb 14, Foong said the second meeting would be on Feb 9, pertaining to the list of final witnesses and whether the officers needed other assistants.

To another question on whether the commission would advise on the witnesses to be called, he replied: "Certainly, we will advise them, but when once proceedings commence, we will know who will be coming before us."

Asked to comment on the number of witnesses and possibility of calling foreign experts, including Thai pathologist Dr Pornthip Rojanasunand, Foong said he would not know the actual number since the commission only held its first meeting, four days after the prime minister's announcement.

"It's premature at this stage to confirm the number of witnesses but we would definitely look into all witnesses appearing before the coroner during Teoh's inquest," explained Foong.

On another issue, whether the commission's findings would be challenged in court, similar to the findings of the Datuk V. K. Linggam's commission or application of recusal of commission members, he said he would rather refrain from speculating.

"We will deal with it, when it comes to us and will carry out our inquiry within the terms of reference given to us," he replied.

Before the press conference, Foong and the other commissioners visited the court room at the third floor and its recording facilities.

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