Coroner to hear contempt application against MACC officer

Coroner Azmil Muntapha Abas will hear an application to initiate contempt proceedings against Malaysian Anti-Corruption Commission (MACC) officer Raub Ghani on Jan 15.

The coroner also directed MACC head of prosecution Abdul Razak Musa to submit to the court and all parties copies of the two police reports lodged by the commission’s officers by tomorrow.

On Jan 1, Raub filed a police report against Thai pathologist Dr Pornthip Rojanasunand over an article which appeared in PKR organ Suara Keadilan alleging that former DAP political aide Teoh Beng Hock could have been murdered.

The article, which quoted sources, claimed that Pornthip had uncovered evidence to substantiate this during the second post-mortem on Nov 22.

Another MACC officer had filed a police report against Suara Keadilan on the same day as well.

Teoh, who was the political aide to Selangor exco Ean Yong Hian Wah, was found dead at the MACC Selangor headquarters in Plaza Masalam, Shah Alam on July 16 last year.

On Tuesday, Teoh's family filed an application urging the court to cite Raub for contempt.

This morning, fireworks erupted between the family’s lawyer Gobind Singh and Abdul Razak, over this issue at the inquest which is being held to determine Teoh's cause of death.

Act of intimidation

Gobind claimed that the report was an act of intimidation and as a result of this, Pornthip might decide not to testify at the inquest.

"The integrity of the Malaysian justice system is at stake if Pornthip does not come for fear of repercussions from the attorney general and police following the imminent threat of arrest.

"If she can't come our case is gone. The whole country knows that. We are going to have Dr Peter Venezis (for MACC), Dr Shahidan Mohd Noor, every witness but ours," he pointed out.

Gobind's father, Karpal started the ball rolling when he told the inquest this morning that the AG should take action against the two MACC officers as their reports went against witness protection.

The veteran lawyer pointed out that under the Abduction and Witness Protection Act, a person found guilty of intimidating a witness can face up to 10 years jail.

"This is a serious matter. I urge the AG and this court to lodge a police report on this matter. This is putting our legal and judicial system on trial.

"The intention to lodge the police report is to intimidate the witness," he said.

Lawyer Malik Imtiaz Sarwar, who is holding a watching brief for the Selangor government and Pornthip, said the pathologist had expressed concern over the latest development.

"In fact, she has also consulted a Thai lawyer to look into the matter and advise her. The action by the MACC was not proper as there is no evidence that Pornthip had leaked the report (to Suara Keadilan)," he said.

"I call on the government and AG to maintain the rule of law which some foreigners view as being in dire straits following the MACC officers' action.

"It has placed Pornthip in a difficult situation whether to come to testify if there is no guarentee by the government that action would not be taken against her based on the police reports," he added.

Malik said this is why he is supporting that the contempt application be heard first before proceeding with the inquest.

Karpal, Abdul Razak lock horns

Gobind and Karpal also questioned who had directed the two MACC officers to make the reports as newly minted MACC chief commissioner Abu Kasim Mohamed had indicated that the directive did not come from him.

"However, in their reports the duo stated they were directed to lodge the police reports," he said.

Karpal also questioned whether Abdul Razak would be representing the two officers in the contempt application and proceedings.

Responding, Abdul Razak said: "That would depend on their instructions as to whether they want me to represent them or engage their own lawyers."

Sparks also flew between Abdul Razak and Karpal when the latter insisted on getting copies of the police reports today.

Although Abdul Razak said he would "try his level best", Karpal remained adamant.

This led the MACC prosecution head to snap, "If it was in my pocket, I would supply it to the court now. I do not have it."

"You are trying to put us in your pocket!" retorted Karpal.

The coroner ( right ) then instructed Abdul Razak to submit the two reports to the court by tomorrow.

Earlier, Tan Hock Chuan, who is representing the AG Chambers, said the second post-mortem report by Dr Shahidan has been completed.

He also tendered photographs of the second post-mortem, which was witnessed by Pornthip who was appointed by the Selangor government and famed British pathologist Venezis on behalf of MACC.

Malik said Pornthip's report would be completed by next week while Abdul Razak indicated that Venezis' report would be handed to the court soon after Pornthip hands hers.

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