Teoh inquest to hear application for video link
The inquest investigating the death of political aide Teoh Beng Hock will be hearing an application by the Selangor government for Thai pathologist Dr Pornthip Rojanasunand to give her testimony via video link.
The inquest investigating the death of political aide Teoh Beng Hock will be hearing an application by the Selangor government for Thai pathologist Dr Pornthip Rojanasunand to give her testimony via video link.
Coroner Azmil Muntapha Abas has set June 11 to hear the application before adjourning the inquest today.
"The court has to know as to the reasons why Pornthip cannot come," he said.
Earlier today, lawyer Malik Imtiaz Sarwar, who is representing the Selangor government, told the court that Pornthip would not be coming to testify.
However, he said the pathologist was prepared to testify through video link in a letter sent on Monday.
"I am making an application based on Section 272 B Criminal Procedure Code for the application to be allowed in the interest of justice," he said, adding he would make a proper application within a week.
Lawyer Tan Hock Chuan, representing the Attorney-General's Chambers, said a proper application would have to be made and this must be supported by an affidavit.
Lawyer Gobind Singh Deo, representing Teoh's family supported Malik's application.
MACC head of prosecution Abdul Razak Musa was also present.
Azmil directed all parties to submit their affidavit in reply after Malik has submitted the formal application.
The coroner said the inquest will also be hearing testimony from two other witnesses - Kajang municipal councillor Tan Boon Wah and lawyer M Manoharan - when it resumes hearing next month.
Tan, who was questioned by the Malaysian Anti Corruption Commission (MACC) along with Teoh on that fateful July 16 morning last year, is tied up with attending his appeal at the Federal Court over his judicial review application against the commission (MACC).
Manoharan represented Teoh when he was questioned by the MACC.
According to section 272B of the Criminal Procedure Code, an individual can "give video or live evidence through a live video or live television link in any trial or inquiry, if it is expedient in the interest of justice to do so".
Decision on Nazri's contempt tomorrow
Meanwhile, Azmil Muntapha Abas will deliver its decision on whether to haul Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz to court for contempt.
Nazri was reported by Malaysiakini for calling Pornthip a "liar" over her explanation on why she decided not to come to Kuala Lumpur to testify.
Pornthip has cited pressure being put on the Thai Justice Ministry where she works and expressed concern over her personal security if she was to come to Malaysia.
Testimony via video conferencing has been done before in our courts, as in some sexual abuse cases it is done that way to avoid the victim seeing the accused directly in court.
It had also been done in Sabah and Sarawak, where they have native courts to hear cases in remote areas. [See clarification below]
However, if this application is allowed, it would be a legal first trans-international testimony done between two countries via video-conferencing.
Pornthip had at the last session classified Teoh's death was 80 per cent homicide, following the red bruise mark found on the deceased neck, which was not reported in the first post mortem report.
She is expected to maintain her finding based on the second post mortem, despite Sungai Buloh resident pathologist Dr Shahidan Md Noor , who performed the second post mortem, ruling out the suspected marks on the neck was a sign of manual strangulation.
MACC hired pathologist, Dr Peter Vanezis had testified that Teoh was fully conscious when he fell but stopped short of ruling it as suicide as it was beyond his expertise.
Clarification: Video link in Sabah, S'wak: Not natives court but civil courts
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