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Friday, 15 April 2011

Witness frustrates panel of judges with his answers and silence

The Star
by YUEN MEIKENG

KUALA LUMPUR: The Teoh Beng Hock Royal Commission of Inquiry was shocked to find that a witness carried a prepared script of questions and answers when taking the stand.

The discovery was made by Bar Council lawyer Cheow Wee who noticed that Mohd Khairudin Denan, a security guard on duty at the Malaysian Anti-Corruption Commission (MACC) building the night before Teoh was found dead kept referring to his diary when replying to questions.

Among the questions printed on the paper were: “Adakah Encik Khairudin dengar macam mana pegawai SPRM buat interrogate? (Did Encik Khairudin hear how MACC officers conducted interrogations?)”

A handwritten note at the back of the paper which stated: “Yang Arif menyoal saya di luar bidang tugas saya. Saya pengawal keselamatan (Your honour is asking me something that is out of my line of duty. I am a security guard)”, was also read out.

When questioned, Mohd Khairudin insisted that he had prepared the script himself.

However, he kept silent when asked whether he was taught how to answer the questions presented to him in the inquiry.

Mohd Khairudin was chided several times by commission chairman Federal Court judge Tan Sri James Foong Cheng Yuen when his statements seemed questionable.

At one point, Foong said many MACC officers had testified that they passed in front of Mohd Khairudin but the latter denied seeing anyone.

“Is your statement true? Or is it because you don’t want to say it? What are you afraid of? The Yang di-Pertuan Agong consented to this commission. If you don’t help, you will be causing difficulties. If you see anything, you have to tell us,” said Foong.

The security guard was reprimanded again when he told the commission that he did not check a bag that was left unattended at the MACC office during his watch from midnight to 8am.

Commissioner former Court of Appeal judge T. Selventhiran then asked Mohd Khairudin: “What if there was a bomb in the bag? How can you be a security guard if you don’t check it?”, to which the guard replied that he assumed the bag belonged to an MACC officer.

Foong then chided: “Are you qualified to be a guard? How are you going to continue with your job if you behave like this?”

When Mohd Khairudin remained silent, Foong ordered the inquiry to continue saying, “let it be said of our disappointment and frustration (in our report).”

During the inquiry, the commission was informed that Australian forensic psychiatrist Prof Dr Paul Mullen, brought in by the Bar Council, would assist in the inquiry to determine Teoh’s state of mind prior to his death.

The inquiry continues on Monday.

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