Commission inquiring Teoh’s death expresses confidence in officers

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KUALA LUMPUR: The Commission of Inquiry (CI) investigating the death of Teoh Beng Hock, which began its hearing yesterday, rejected an application from the political aide’s family to have three conducting officers from the Attorney-General’s Chambers assisting the panel dropped from the inquiry.

The five members of the panel led by Federal Court judge Tan Sri James Foong Cheng Yuen were unanimous in their view that all three conducting officers were men of integrity and would be unbiased.

“Though we are aware that the conducting officers are members of the Attorney-General’s Chambers, they have assured us that they will be acting independently in assisting us.

“Until and unless we have reasons to doubt their impartiality, we will accept their assistance.

“Further, as this is an enquiry and not an adversorial cureal proceeding, we find comfort in the fact that all parties are represented by able counsel who will not only provide the necessary checks and balances but will also be assisting us directly in supplying further information which can result in the production of relevant evidence to achieve the objectives in our terms of reference.

“In this regard, we would also invite parties concerned to forward to us necessary information and suggestions as to the basis of further investigations to be carried out, if need be,” said Foong.

The three conducting officers present at the CI hearing yesterday were Senior Federal Counsel Amerjeet Singh and deputy public prosecutors (DPPs) Kwan Li Sa and Awang Armadajaya Awang Mahmud.

Their impartiality had been questioned by counsel Karpal Singh and Gobind Singh Deo, who are representing Teoh’s family.

Gobind Singh had stated that there could be a conflict of interest as the AG was also seeking a judicial review into the findings of the Coroner’s Court over Teoh’s death.

“As I understand from the matter (judicial review in the Shah Alam High Court) they are pressing for a ruling of suicide, but here they are saying that they are open to handling the inquiry without bias.

“The role of the conducting officers may not be bipartisan, as their commanding officer, the attorney-general, is their superior.

“Do they dare to bring forth evidence which would implicate their superiors? If we are to send a signal to the public that this is an independent inquiry then we should hire independent officers,” he said.

However, Amerjeet Singh dismissed the claim citing that their appointment letters were based on the instructions of the CI.

He added that their presence was not to assist the AG but the panel and furthermore they were not responsible for the investigation as this came under the jurisdiction of the police.

“The (duties of the) inquest and the commission of inquiry is to inquire. It can inquire into new areas and order for investigations. After the appointments, we are directed and controlled only by the commission. We will only be relieved of the duties to the commission once the inquiry is concluded.

“We are here to collect information, to run around and get the evidence.

“If there is any shortcoming, the commission can instruct for more (investigations) and it is also the role of counsel present to fill in the gaps if anything is missed,” he said.

Besides this, the commission also rejected Teoh’s family’s application to defer the inquiry as it would overlap the judicial review hearing at the Shah Alam High Court.

“Though there is an application for revision we are of the view that this will not impede our task to proceed with this inquiry since there has been no decision of any nature made by the High Court.

“Unless the High Court makes a ruling, our task should not be held up. We shall deal with matter when the High court makes a decision,” Foong said.

He also stated that the commission only had three months to complete the inquiry.

The AG had filed the judicial review application following Coroner Azmil Muntapha Abas returning an open verdict in the case.

The case is scheduled to be mentioned before Judge Datuk Mohtarudin Baki at the Shah Alam High Court on Thursday.

Besides Foong, the other panel members are former Federal Court judge Datuk Abdul Kadir Sulaiman, former Court of Appeal judge Datuk T Selventhiranathan, Penang Hospital forensic pathologist Dr Bhupinder Singh and forensic psychiatrist and dean of Cyberjaya Medical Science College University, Prof Dr Mohamed Hatta Shaharom.

Following the CI’s decision not to grant the two requests ( on the conducting officers and defer hearing till the High Court’s decision on the judicial review), Karpal Singh applied for a postponement of the proceedings to enable him to file for a judicial review to contest these two decisions.

According to him, it would be filed quickly and the action was being taken on the instructions of his clients who wanted justice.

Foong then adjourned the hearing to Wednesday whereby the inquiry panel would make a visit to Plaza Masalam, Shah Alam, where Teoh died.

Teoh, 30, an aide to a Selangor state executive councillor, was found dead on the fifth floor landing of Plaza Masalam in Shah Alam on July 16, 2009, after being questioned overnight at the Selangor MACC office on the 14th floor of the same building. — Bernama