The coroner's court in Teoh Beng Hock's inquest have decided not to institute contempt proceedings against Malaysian Anti-Corruption Commission (MACC) officer Raub Ghani. 

NONE Coroner Azmil Muntapha Abas said contempt proceedings were unnecessary because he was satisfied with assurances from the authorities that they do not intend to take action against Thai pathologist Dr Pornthip Rojanasunand.

"Following this, the court agree not to grant leave to initiate contempt (proceedings)," he said.

Counsel for Teoh's family Karpal Singh said he reluctantly accepts the decision.

Azmil then set February 19 and March 1 for the inquest to hear testimony from Sungai Buloh hospital resident pathologist Dr Shahidan Md Noor, who conducted the second post mortem on Teoh.

Speaking to reporters outside the court, Karpal said he respects Azmil's decision although he found it as odd, as initially the coroner found there were elements of contempt, albeit it being done outside the court.

“We respect the coroner's decision and feels the inquest should go on. Hence we won't appeal,” said Karpal.

Coroner cleared Raub

Teoh's family applied for contempt proceedings to be instituted against Raub, after he lodged a police report on New Year's day alleging Pornthip leaked her post mortem report to PKR party organ Suara Keadilan .

Citing Health Ministry sources, Suara Keadilan claimed that the political aide was murdered. Pornthip was invited to act as the pathologist for the Selangor government.

Following Raub's report, Pornthip, who was only allowed to observe the second post mortem, had informed the Selangor government that she was afraid to return to Malaysia over fears of being arrested.

However, the authorities have since cleared her of any wrongdoing .

Teoh, 30, a political aide to Ean Yong Hian Wah, was found dead on the fifth floor of Plaza Masalam in Shah Alam after he had given a statement as a witness on alleged abuse of allocations for state assemblypersons in Selangor, at the MACC office located on the 14th floor of the building on July 16 last year.

Azmil, on arriving to the decision said he was not considering Karpal's application as a notice of motion when he filed, but a leave application in line with the Subordinate Court's Act.

"Since the AG and IGP cleared Dr Pornthip, I find it is not necessary for the court to institute any contempt proceeding against the MACC officer. Let us leave it at that and continue," he said.

Karpal told the court earlier though there were no case laws where a person who lodge a report can be cited for contempt, the principle should be adopted as there were cases where newspaper reports were used to institute such proceedings.

Is it a false report?

The veteran lawyer and lawmaker added since the court had cleared Pornthip of any wrongdoing, the court should take cognisance of the police report as a clear intimidation tactic employed by the MACC and that it was also false.

"Hence, Raub should be brought to court to explain his actions," he said.

However, MACC head of the legal and prosecution division, Abdul Razak Musa submitted that it was clear from Raub's affidavit that he had no intention to threaten Pornthip.

"The affidavit states,  he felt the report by Suara Keadilan was sub-judice to the trial as the task to determine whether Teoh was murdered lies with the coroner".

After the inquest proceedings, both Karpal and Ipoh Timur MP Lim Kit Siang issued scathing statements at newly appointed MACC chief Abu Kassim Mohamed.

Lim questioned if MACC had sanctioned Raub in lodging the police report, while Karpal wants Abu Kassim to initiate disciplinary actions against Raub for causing delays to the inquest.

Outside the courtroom, Teoh’s sister Lee Lan broke down in tears when she demanded Abu Kassim to clear the air over the police report if he was sincere in restoring the commission’s integrity.

"A life was lost while my brother was under MACC custody. If MACC do not restore its credibility how can witnesses in the future come forward to assist in curbing graft?" she asked.