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Wednesday, 29 July 2009

Teoh inquest postponed to Aug 5

By Debra Chong - The Malaysian Insider

SHAH ALAM, July 29 — After a morning spent hearing from the Attorney-General's team and lawyers representing Teoh Beng Hock’s family, the state of Selangor and the Bar Council, the magistrate decided to postpone the inquest into Teoh’s death to Aug 5.

The biggest surprise of the morning was the Attorney-General's team being led by criminal lawyer Tan Hock Chuan instead of the deputy public prosecutor which is the usual practise.

Other than that, the inquest into political aide Teoh’s mysterious death at the national anti-graft Selangor office started without incident early today.

A total of 77 witnesses have been called up to testify in the inquest which was originally slated to end on Aug 12.

Among them are Teoh's father Teoh Leong Hwee, brother Beng Kee and his lawyer M. Manoharan, who is also Kota Alam Shah assemblyman.

The Teoh family is represented by Gobind Singh Deo and Sankara Nair while Malik Imtiaz Sarwar is representing the Selangor government.

The Bar Council sent a 12-man team led by Hisyam Teh Toh Teck.

Gobind applied to the court for family, Selangor and Bar Council lawyers to take part in inquest.

The government team agreed except to the Bar Council's participation. However, magistrate Azmil Munthapa Abas allowed all three to take part.

The deputy registrar, who is sitting as a magistrate in the coroner's court, also said the proceedings will be recorded and given to the relevant parties.

Gobind told the court that Teoh's family was attending the inquest under protest as they feel the inquest should be part of the royal commission of inquiry. He then asked for a postponement pending the outcome of the Cabinet meeting today on the issue.

"If the PM agrees, your honour, then this inquest will become unnecessary," he said.

He also said the police just ended their investigations and the report may not be ready, which supports his request for a postponement.

Gobind then asked for access to key reports on the autopsy, forensics and DNA, arguing that interested parties have a right to the documents under inquest rules to prepare for the hearing. Imtiaz and Teh supported his request for a postponement.

The A-G's team replied that it would share the documents with the state's and Teoh's lawyers although it is not legally obligated to do so.

Imtiaz said the state was willing to hire its own experts to study the reports.

The court then adjourned for 30 minutes for the magistrate to decide on whether the inquest should continue after the A-G's team defers to the coroner on the request.

When the inquest resumed, the court heard from Tan that an unknown male's DNA was found on Teoh's clothes. The chemist had taken DNA samples from 102 people.

Among those in the three-quarter-filled courtroom at the Shah Alam courthouse were DAP strongman Lim Kit Siang, and Selangor exco members Dr Xavier Jeyakumar and Ean Yong Hian Wah, who was Teoh's employer.

The 30-year-old political secretary was found dead on the rooftop of a five-storey building next to Plaza Masalam, where the Malaysian Anti-Corruption Commission (MACC) has its Selangor head office on the 14th floor, last July 16.

Teoh was there as a witness in a probe into alleged misuse of state funds. He was due to register his marriage to his two-month pregnant fiancee the day he was found dead.

The Cabinet has formed a royal commission of inquiry into MACC's investigation procedures after it was revealed that Teoh was questioned from 6pm to 3.45am the next day.

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