The Sun
by Tan Yi Liang
by Tan Yi Liang
KUALA LUMPUR (Feb 17, 2011): The Royal Commission of Inquiry (RCI) investigating the death of political aide Teoh Beng Hock has lost another participant – the Selangor government.
Today's withdrawal, which was announced in court by state government counsel Malik Imtiaz Sarwar follows in the heels of the Teoh family, who quit their participation in the RCI yesterday.
In his submissions, Malik said this was due to three factors, the first being that the RCI was not stayed until the completion of the revision of Coroner Azmil Muntapha Abas’s Jan 5 open verdict in the inquest.
"The existence of this commission to continue in the face of the revision is of concern of us due to the possible multiplicity of findings," said Malik.
Today's withdrawal, which was announced in court by state government counsel Malik Imtiaz Sarwar follows in the heels of the Teoh family, who quit their participation in the RCI yesterday.
In his submissions, Malik said this was due to three factors, the first being that the RCI was not stayed until the completion of the revision of Coroner Azmil Muntapha Abas’s Jan 5 open verdict in the inquest.
"The existence of this commission to continue in the face of the revision is of concern of us due to the possible multiplicity of findings," said Malik.
Malik pointed out that the High Court is a superior court to the RCI under the Commissions of Enquiries Act 1950.
He also raised the issue that three officers of the attorney-general (A-G) are aiding the RCI despite the fact the A-G is pressing for a verdict of suicide in the revision.
The three are deputy public prosecutors Awang Armadajaya Awang Mahmud and Kwan Li Sa and senior federal counsel Amarjeet Singh. All three are to assist the RCI as conducting officers.
Malik said that the "issue of apparent bias" was not addressed by the panel, before questioning the decision of the RCI to recall the witnesses of the inquest which began on July 29, 2009.
He pointed out that witnesses had already testified under oath in the inquest, and that discrepancies could arise should testimonies differ.
Meanwhile RCI chairman Tan Sri James Foong had announced that the panel had unanimously decided that pathologists Dr Pornthip Rojanasunand and Dr Peter Vanezis would be called as witnesses to the RCI.
"The state government takes the position that the withdrawal of the family from these proceedings has given reason to question the value of these proceedings," said Malik.
This view was supported by Bar Council representative Christopher Leong, who described the two proceedings running side-by-side as something "wholly inconsistent".
"The Bar’s position is that the AGC (Attorney-General's Chambers) should either withdraw the revision or apply to postpone the revision until the conclusion of this inquiry," added Leong, calling on the A-G himself to appear.
"We ask that the A-G be directed to appear before this commission to state his position as to the revision that is pending in the High Court," said Leong, adding the A-G should not be involved "in any way or form in the machinery" of the RCI.
This position was refuted by Malaysian Anti Corruption Commission (MACC) counsel Datuk Seri Mohd Shafee Abdullah, who argued that withdrawing the revision is out of the A-G’s hands.
Shafee said it is left in the hands of the High Court to decide the merits of a revision.
"It is a process of invocation of the powers of revision, it is never our right. So nobody can ask for a withdrawal of a revision because it is now with the court," said Shafee.
Shafee, who defended the independence of the three officers, pointed out that the parties which withdrew did so out of their own free will.
In further proceedings, the RCI heard testimony from three witnesses – the first being HwangDBS Investment Bank security guard Siti Zabedah Yahya.
In her testimony, the 43-year old testified that she had discovered Teoh’s body on July 16, 2009, when she saw a figure on the fifth floor landing as she was closing the window of her 19th floor office storeroom.
She said she dropped three screws and called Plaza Masalam maintenance technician Ridzuan Samsuri when the body did not react to the screws.
In his testimony, Ridzuan said that he saw Teoh’s face covered with blood when he arrived at the 5th floor landing with colleague Rosli Salleh.
He added that he had panicked when he saw the body and called security to take further action.
Meanwhile, Plaza Masalam security officer Mohd Khairul Izuan Nasir testified that he called the Section 11 police station when he saw Teoh’s body to report a "suspected suicide".
He said he was directed to cover the body in black plastic, which he weighted down with bricks, adding that this was the first time such an incident had happened in Plaza Masalam.
The final witness to take the stand today was police inspector Zulaimi Zubir, who testified that he was told by a MACC officer that the deceased was a witness.
He added that when he went to the 14th floor, where the Selangor branch of the MACC was at the time, he was handed an IC to check against the crime database.
Responding that the IC belonged to Teoh, Zulaimi added that the check turned up no criminal record and said he did not take down the details of the MACC officer who handed the IC to him.
He also testified that the investigating officer, ASP Ahmad Nazri Zainal, reached the crime scene about 2.40pm.
Teoh, 30, aide to Selangor exco member Ean Yong Hian Wah, was found dead on July 16, 2009 after giving a statement to Selangor MACC at Level 14, Plaza Masalam in Seksyen 9 here.
This morning, members of the RCI visited the site of the incident at Plaza Masalam. Foong and four other members arrived at the building at 9.50am.
This was the first time that members of the commission visited the site since it began proceedings on Monday.
Other members of the Commission are former Federal Court judge Datuk Abdul Kadir Sulaiman and former Appeals Court judge Datuk T. Selventhiranathan while the forensic experts comprised Forensic Pathology Consultant of the Penang Hospital's Forensic Medical Department Datuk Dr Bhupinder Singh and Forensic Psychiatry Consultant and Dean of Medical Faculty of Kolej Universiti Sains Perubatan Cyberjaya Prof Dr Mohamed Hatta Shaharom.
He also raised the issue that three officers of the attorney-general (A-G) are aiding the RCI despite the fact the A-G is pressing for a verdict of suicide in the revision.
The three are deputy public prosecutors Awang Armadajaya Awang Mahmud and Kwan Li Sa and senior federal counsel Amarjeet Singh. All three are to assist the RCI as conducting officers.
Malik said that the "issue of apparent bias" was not addressed by the panel, before questioning the decision of the RCI to recall the witnesses of the inquest which began on July 29, 2009.
He pointed out that witnesses had already testified under oath in the inquest, and that discrepancies could arise should testimonies differ.
Meanwhile RCI chairman Tan Sri James Foong had announced that the panel had unanimously decided that pathologists Dr Pornthip Rojanasunand and Dr Peter Vanezis would be called as witnesses to the RCI.
"The state government takes the position that the withdrawal of the family from these proceedings has given reason to question the value of these proceedings," said Malik.
This view was supported by Bar Council representative Christopher Leong, who described the two proceedings running side-by-side as something "wholly inconsistent".
"The Bar’s position is that the AGC (Attorney-General's Chambers) should either withdraw the revision or apply to postpone the revision until the conclusion of this inquiry," added Leong, calling on the A-G himself to appear.
"We ask that the A-G be directed to appear before this commission to state his position as to the revision that is pending in the High Court," said Leong, adding the A-G should not be involved "in any way or form in the machinery" of the RCI.
This position was refuted by Malaysian Anti Corruption Commission (MACC) counsel Datuk Seri Mohd Shafee Abdullah, who argued that withdrawing the revision is out of the A-G’s hands.
Shafee said it is left in the hands of the High Court to decide the merits of a revision.
"It is a process of invocation of the powers of revision, it is never our right. So nobody can ask for a withdrawal of a revision because it is now with the court," said Shafee.
Shafee, who defended the independence of the three officers, pointed out that the parties which withdrew did so out of their own free will.
In further proceedings, the RCI heard testimony from three witnesses – the first being HwangDBS Investment Bank security guard Siti Zabedah Yahya.
In her testimony, the 43-year old testified that she had discovered Teoh’s body on July 16, 2009, when she saw a figure on the fifth floor landing as she was closing the window of her 19th floor office storeroom.
She said she dropped three screws and called Plaza Masalam maintenance technician Ridzuan Samsuri when the body did not react to the screws.
In his testimony, Ridzuan said that he saw Teoh’s face covered with blood when he arrived at the 5th floor landing with colleague Rosli Salleh.
He added that he had panicked when he saw the body and called security to take further action.
Meanwhile, Plaza Masalam security officer Mohd Khairul Izuan Nasir testified that he called the Section 11 police station when he saw Teoh’s body to report a "suspected suicide".
He said he was directed to cover the body in black plastic, which he weighted down with bricks, adding that this was the first time such an incident had happened in Plaza Masalam.
The final witness to take the stand today was police inspector Zulaimi Zubir, who testified that he was told by a MACC officer that the deceased was a witness.
He added that when he went to the 14th floor, where the Selangor branch of the MACC was at the time, he was handed an IC to check against the crime database.
Responding that the IC belonged to Teoh, Zulaimi added that the check turned up no criminal record and said he did not take down the details of the MACC officer who handed the IC to him.
He also testified that the investigating officer, ASP Ahmad Nazri Zainal, reached the crime scene about 2.40pm.
Teoh, 30, aide to Selangor exco member Ean Yong Hian Wah, was found dead on July 16, 2009 after giving a statement to Selangor MACC at Level 14, Plaza Masalam in Seksyen 9 here.
This morning, members of the RCI visited the site of the incident at Plaza Masalam. Foong and four other members arrived at the building at 9.50am.
This was the first time that members of the commission visited the site since it began proceedings on Monday.
Other members of the Commission are former Federal Court judge Datuk Abdul Kadir Sulaiman and former Appeals Court judge Datuk T. Selventhiranathan while the forensic experts comprised Forensic Pathology Consultant of the Penang Hospital's Forensic Medical Department Datuk Dr Bhupinder Singh and Forensic Psychiatry Consultant and Dean of Medical Faculty of Kolej Universiti Sains Perubatan Cyberjaya Prof Dr Mohamed Hatta Shaharom.
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