Bar Council Versus MACC

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This is What MACC said –  No conspiracy behind Teoh’s death

2009/07/19

By Lee Shi-Ian

KUALA LUMPUR: Teoh Beng Hock is “worth more to us alive than dead”, according to the Malaysian Anti-Corruption Commission as he was a key witness in an ongoing case.

A senior MACC official said this was because the 30-year-old political aide to Selangor executive councillor Ean Yong Hian Wah had not been detained or arrested as he was a crucial witness in the probe which had just opened.

“He was considered a crucial witness and was assisting the MACC in sorting out files and documents which had been taken from his office.”

He said it was absurd to allege a conspiracy behind Teoh’s death.

“First and foremost. Teoh was a witness, not a suspect.”

 


Teoh is believed to be a key witness in MACC’s investigations into 12 Selangor Pakatan Rakyat assemblymen over alleged misuse of their allocations.

“As a witness, he could either produce important evidence or testify in court. Hence, he was worth more alive to the MACC than dead.”

Teoh was among four called to the Selangor MACC office to assist in investigations.

The official dismissed allegations of the MACC putting Teoh under pressure because he had driven all the way to the Selangor MACC headquarters in Plaza Masalam in Shah Alam.

“Teoh was not arrested or picked up by MACC officers. He was treated as a witness, not a detainee and as such did not require any escorts nor was he handcuffed.”

The official added that the circumstances would have been different if Teoh was a suspect as he would not have been left alone.

He said MACC officers would have accompanied him and that he would have been handcuffed.

On reasons for Teoh’s death, the official declined to comment, saying investigations were best left to the police.

“The MACC will be cooperating fully with the police as they investigate Teoh’s death. Everything will be transparent and above board.”

Teoh’s death on Thursday sparked an outcry with several quarters calling for a full-scale investigation, including the setting up of a royal commission of inquiry.

The Bar Council asked – ‘Are there no rules on interrogation?’

2009/07/19

KUALA LUMPUR: The Malaysian Bar is concerned that the Malaysian Anti-Corruption Commission does not have set procedures in interrogating witnesses and detainees.

“There seems to be no protocol for questioning and interrogation methods. Are there no rules for the MACC?” asked its president Ragunath Kesavan yesterday.

Condemning the death of Teoh Beng Hock while being questioned by the MACC on Thursday, he said yesterday the MACC had no reason to interrogate witnesses overnight.

“It is indefensible that a witness in a routine investigation should have been deprived of sleep and interrogated for more than eight hours.”

Quoting the Lock-up Rules 1953, Ragunath pointed out that interrogation cannot be carried out between 6.30pm and 6.30am the next day to allow detainees to rest.

 


“If there was insufficient time to finish questioning Teoh during reasonable hours of the day, he should have been released and asked to return on another day.”

Ragunath said there was no risk of Teoh disappearing, especially when he was supposed to register his marriage the next day, adding that Teoh was denied access to a lawyer.

He said that while the law protected a detainee’s rights, no rules applied to witnesses.

“Teoh was a witness. The MACC seems to suggest that he was not detained, which meant he was free to go any time.

“This is not true. We (Malaysian Bar) dispute this fact.”