The Malaysian Anti-Corruption Commission (MACC) should be held liable for the death of senior customs officer Ahmad Sarbaini Mohamad as nobody would go to a government agency to commit suicide.

Expressing regret over yesterday's court decision, the Teoh Beng Hock Trust for Democracy said MACC is responsible for the safety of someone held by them.

"The death of someone in the MACC interrogation room cannot be denied.

"The allegation that Ahmad Sarbaini jumped out of the window on his own at the interrogation room is not logical, as no one would choose a government agency to commit suicide.

"The death of Ahmad Sarbaini is highly suspicious. The CCTV video recordings were 'accidentally deleted'. This shows there are certain parties who wanted to hide the truth.

"A MACC officer also told Ahmad Sarbaini's widow, 'it was not me but someone else'. Police had failed to investigate thoroughly and professionally in the case," the TBH trust said.

Following this, it urged Parliament to amend the laws to place the burden of proof in death in custody cases on the enforcement agency, compared to the present where the burden of proof is placed on the family or those wanting to take action against the authorities.

The parliament, it added, has to ensure that Malaysian laws respect human rights and the authorities are responsible for death or injury in detention.

Yesterday, it was reported that while the Kuala Lumpur High Court had determined that Ahmad Sarbaini was under custody of MACC, it dismissed the family's claim as untenable as the plaintiffs failed to prove unlawful arrest and misfeasance in public office.