The Royal Commission of Inquiry (RCI) on Teoh Beng Hock's death suffered a major credibility blow today after the family of the deceased withdrew their participation.

The decision came as the RCI ruled against the family's request to have the hearing postponed until the dispossal of a judicial review filed by the family against the coroner's 'open verdict' on Teoh's death.

After deliberating on the family's request, RCI panel head and Federal Court judge James Foong said the hearing would proceed.

NONE Following this, the family's lawyers Karpal Singh ( right ) and Gobind Singh Deo announced that they were withdrawing from the proceedings.

"We will not participate, because we do not wish to lend credence to these proceedings," said Karpal before leaving the court room.

The panel also shot down Karpal's call for Foong to recuse himself as panel chairperson, saying that there are not enough grounds to support the application.

Karpal argued that Foong should recuse himself as the latter is still a member of the judiciary, thus presenting a conflict of interest as the RCI should consist of independent panellists.

The panel however unanimously decided that there was no basis to support Karpal's contention.

Earlier, proceedings were stalled after Karpal objected to the commission's decision to continue with the hearing, saying that it was "unreasonable" to do so while their application for judicial review is still in process.

teoh beng hock inquest 011009 gobind singh Co-counsel Gobind Singh (right) pointed out that the commission runs the risk of "contamination of evidence", as the evidence presented in the earlier inquest would be considered compromised should the High Court rule in favour of a judicial review.

Shafee Abdullah, acting for the Malaysian Anti-Corruption Commission, agreed that the application by Teoh's family is an urgent and serious matter, but pointed out that the timing of the application would greatly delay the RCI.

He stressed that regardless of who wins in the High Court, there will be an appeal and it would push back the RCI proceedings by at least three months.

Shafee added that the integrity of the RCI would not be affected should it continue its hearing - should the High Court rule in favour of having a review, the commission can simply disqualify the evidence in question.

'Clear conflict'

Outside the court, Karpal said Teoh’s family had ordered the lawyers to withdraw from the RCI as they cannot accept the attorney-general’s (AG's) decision to pursue a revision of the inquest’s open verdict, while at the same time sending three officers from his chambers as conducting officers at the RCI.

NONE “In the face of what is happening in the High Court in Shah Alam, (how) can you have concurrent proceedings? You can’t have it both ways.

“There (in the High Court) he is asking for a verdict of suicide and at the same time what is his position here (at the RCI)?

“You can’t say at the review that it’s suicide, but here (claim) it’s an independent inquiry and the officers conducting the inquiry are independent of the AG’s Chambers just on the ground that they are appointed by the commission.

“The fact remains that they are from the AG’s chambers... you can’t be inconsistent in your stand."

Karpal stressed however that they will be present when the High Court presides over the AG’s application for a revision of the open verdict.

“We’ll of course attend the revision proceedings, because there the AG wants a verdict of suicide, which is indefensible. We will go ahead with (our own application for a) revision, so that the order of the inquiry does not go to suicide... we want a verdict of homicide,” he said.

VIDEO | 11.44 mins