Thesun 2009-07-23 Page02 Municipal Councillor Sues Macc For Wrongful Detention

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theSun

| THURSDAY JULY 23 2009

news without borders REACTION TO ROYAL COMMISSION AND MAGISTRATE’S INQUEST

Municipal councillor sues MACC for wrongful detention

Investigate cause of death also, urges Bar Council KUALA LUMPUR: The Bar Council said it hoped the royal commission to be set up to scrutinise the mode of questioning employed by the Malaysian Anti-Corruption Commission (MACC) would also investigate the cause of death of political secretary Teoh Beng Hock following his questioning by the MACC. Its president, Ragunath Kesavan, said the inquest to be held into the death of Teoh would have limited powers compared to those of a royal commission. “Besides, an inquest will be conducted by a magistrate who acts as a coroner and he (or she) will usually be a junior officer. He (or she) will not be able to order an investigation to be conducted to determine the cause of death,” he told Bernama.

Let the truth be revealed, says MACC

» The MACC headquarters welcomed the decision

It will decide future mode of questioning: Suhakam

» Human Rights Commission of Malaysia (Suhakam)

commissioner Datuk Dr Michael Yeoh welcomed the setting up of the royal commission and said it would be able to determine whether the mode of questioning employed by the MACC adhered to human rights standards. He said it was hoped that the outcome of the investigation and the recommendations could be applied by the MACC in its investigation procedure in the future.

SHARIL AMIN/THESUN

to set up the royal commission and hold the inquest and hoped that the truth would be revealed. “The MACC hopes that there will no longer be any manipulation, speculation and allegations by any quarters until the outcome of the inquest and the royal commission,” it said in a statement. “The outcome of the two bodies should be accepted by all quarters.”

KUALA LUMPUR: Kajang municipal councillor Tan Boon Wah filed a suit against the Malaysian Anti-Corruption Commission (MACC) yesterday for wrongful detention. Tan, 39, who was questioned by the Selangor MACC in a probe into state allocations from 8.30pm on July 15 to 1.35pm the next day, wants a court declaration that the MACC could only record statements from witnesses during office hours – from 8.30am until 5.30pm. Tan filed his writ of summons through Messrs Karpal Singh & Co at the registration office of the High Court Appellate and Special Powers Division here at 12.30pm. He named MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan, M A C C Assistant Superintendent

Mohammad Hassan Zulkifli and the MACC as the three defendants. Tan, a flag supplier, was called in to assist the Selangor MACC in its investigation over flags he supplied to state executive councillor Ean Yong Hian Wah, whose political secretary, Teoh Beng Hock, was found dead in the building several hours after he was also called in for questioning. Bernama reported that in his supporting affidavit, Tan claimed he was taken out of his house by officers of the MACC to the Selangor MACC headquarters in Shah Alam for questioning at 8.30pm on July 15 and released only at 1.35pm the following day. “I had been detained unlawfully by the MACC officers. I had stated that I could not, from the legal aspect, be interrogated

Tan and Karpal Singh outside the registration office of the High Court Appellate and Special Powers Division.

Right body for fair probe, say family and fiancee

» Teoh’s family and his fiancee, Soh Cher Wei, welcomed the setting up of the royal commission. The lawyer for Teoh’s family, Eric Tan Pok Shyong, said the royal commission was seen as the appropriate body to conduct a transparent and fair probe into the incident. He said the family hoped the setting up of the royal commission would help resolve the case speedily and find out the actual cause of Teoh’s death.

Lawyer to hold watching brief for Selangor govt

»

Selangor Mentri Besar Tan Sri Abdul Khalid Ibrahim said the state government would appoint a lawyer to hold a watching brief during the proceedings of the royal commission and the inquest into Teoh’s death. He said this was necessary because Teoh was a state government officer and it would ensure that his rights as well as those of his family were protected. – Bernama

after government office hours, that is, from 8.30am until 5pm daily, as provided under Section 30(1)(a) of the MACC Act,” he said in his affidavit. He claimed it was “an unlawful detention which resulted in him suffering losses and damages”. Through the writ of summons, Tan demanded a court declaration that the defendants, who were investigating under Section 30(1)(a) of the MACC Act 2009, could only record statements from the plaintiff as a witness during office hours, from 8.30am to 5.30pm. He also wanted a declaration that all the defendants had acted against the provision of Section 30 (3)(a) of the Act, and sought damages for unlawful detention, costs and other reliefs from the court. Tan Yi Liang reports: Karpal Singh described the court action as a “novel” suit. “This issue must be resolved by a declaration from the court so that the parameters can be made very clear to the authorities of their power in questioning witnesses,” he said. Co-counsel Puchong MP Gobind Singh Deo said Tan was entitled to compensation. “There are time limits in the law and if you go beyond the time limit, an individual has a right to compensation for false imprisonment,” he said.

Cops will try to re-enact events KAMARIDUAN MOHD NOR/THESUN

by Charles Ramendran and Maria J. Dass [email protected] SHAH ALAM: The police will attempt to re-enact the events before the death of political secretary Teoh Beng Hock at the Selangor MACC headquarters in Plaza Masalam, including dropping a dummy from the 14th floor of the building. Selangor police chief DCP Datuk Khalid Abu Bakar said yesterday this was to determine the impact and injuries caused by such a fall. He said two pathologists and two forensics police personnel will be tasked to carry out the investigation. Yesterday, the police and two pathologists paid another visit to the Selangor MACC office. They also visited the fifth floor balcony where Teoh’s body was found. The investigating officer from the Shah Alam district police headquarters, DSP Kamarudin Ismail, told reporters the team was there to gather more information. Khalid also expressed disap-

Kamarudin (centre) during his visit to the Selangor MACC yesterday.

pointment over the reluctance of Seri Kembangan assemblyman Ean Yong Hian Wah to cooperate with the police when he was called up to have a statement recorded. Teoh was Ean Yong’s political secretary. He said Ean Yong kept investigators waiting for three hours in his office on Tuesday and finally told the police he would not go through the questioning that day because he had

to adhere to Selangor Mentri Besar Tan Sri Khalid Ibrahim’s order that no such questioning be carried out after 6pm. Ean Yong had his statement recorded yesterday (see story below). It was learnt that the police are also gathering the particulars of those who had called or sent SMSes to Teoh’s handphone a day before his death and are expected to interview them as well.

Police question boss, colleague and family SHAH ALAM: The police recorded statements from Teoh Beng Hock’s employer – state executive councillor Ean Yong Hian Wah – a colleague, and members of his family and his fiancee yesterday. Ean Yong was questioned for three hours in his office by ASP Mohd Amirul Abdullah from the Shah Alam police district headquarters. His lawyer, Keppy Wong, was present. He said the police seemed to have covered all angles in their line of questioning and even asked if Teoh had any mental problems, if he was in debt, if he had made any false claims, and how many girlfriends he had. “They also wanted to know what kind of employee he was and his

character,” he said. Ean Yong, who is the Sri Kembangan assemblyman, said he was stopped from going into the MACC office at 11.30pm on July 15 – while Teoh was being questioned – and that the officer told him “we have the right to detain him (Teoh) for 24 hours”. He also said he did not keep the investigating officer waiting on Tuesday, as claimed. “I was the one made to wait for three hours as the officer was questioning M. Manoharan (the Kota Alam Shah assemblyman) until 6.40pm and I had to cancel all my other appointments for this,” he said. The police also questioned

Teoh’s colleague Hiew Kim Boon, the confidential secretary to Ean Yong, for one-and-a-half hours. Eleven questions were posed to Hiew, mostly focusing on his relationship with Teoh as a colleague, Teoh’s personality and his daily responsibilities and duties as a political secretary. At the Kajang district police headquarters, the police recorded a statement from Teoh’s family members and his fiancee, Soh Cher Wei, 28. Segambut MP Lim Lip Eng, who accompanied the family, said the police asked about Teoh’s personal life. He said the family told the police Teoh was a cheerful person who was looking forward to his wedding.

50 stage protest against PR KUALA LUMPUR: About 50 members of BN component parties staged a protest against the Pakatan Rakyat yesterday for allegedly politicising the death of Teoh Beng Hock, and declared their support for the MACC and the police. Carrying banners and posters, they gathered on Jalan Ampang next to Ampang Point at 4.30pm. The group, led by former three-term Ampang assemblyman Datuk Ismail Kijo, called on the MACC and police to carry out their investigations into corruption allegations against certain PR assemblymen, and into the death of Teoh, without fear or favour. Police arrived about 15 minutes later and ordered them to disperse as they did not have a permit. The group of men and women left peacefully.

Register Teoh as dad, says Mei Fun KUALA LUMPUR: Wanita MCA urged the Home Ministry yesterday to allow Teoh Beng Hock to be registered as the father of his unborn child. Wanita MCA chief Datin Paduka Chew Mei Fun said Teoh’s child should be registered in Teoh’s name upon birth given the circumstances surrounding his death and based on humanitarian grounds. She said Teoh and his fiancee had made known

to their relatives and friends that they were to register their marriage on July 17. – Bernama