Stop being defensive, RCI advises MACC officer
A senior Malaysian Anti-Corruption Commission (MACC) officer was advised by the royal commission of inquiry investigating the death of Teoh Beng Hock to refrain from being “defensive and emotional” when giving his testimony.
A senior Malaysian Anti-Corruption Commission (MACC) officer was advised by the royal commission of inquiry investigating the death of Teoh Beng Hock to refrain from being “defensive and emotional” when giving his testimony.
Former Selangor MACC deputy director Hishamuddin Hashim, who began testifying on Tuesday, was told to refrain from overreacting and to listen to the questions posed before responding.
“I’m surprised that you don’t know to how to stay calm. You have all these years of experience and you have attended court sessions before,” said inquiry panel head Justice James Foong.
As Foong (
left
) was addressing him, Hishamuddin tried to interject to explain himself, but the panel head stopped him in his tracks and again reminded him about defensive demeanour and said he should listen before jumping the gun.
“You don’t know what’s going on in your body. We will give you the recording (of the inquiry) and you play it back and see your behaviour,” he said.
Hishamuddin, who has nearly 20 years of experience in the organisation from the time he joined as an investigator, often gave long explanations to direct questions, even though repeatedly warned not to do so.
The senior officer reacted in this manner particularly when Bar Council lawyer Cheow Wee, in cross-examining Hishamuddin, pressed him on why the MACC made no police report on the death of Teoh.
Political aide Teoh was questioned overnight on July 15, 2009, by the anti-graft agency at its 14th floor office in Plaza Masalam, Shah Alam, on allegations of state funds misappropriation by his employer, Seri Kembangan assemblyperson Ean Yong Hian Wah.
His body was discovered sprawled on the fifth floor service corridor of the same building the next day.
Hishamuddin said “at that moment of time” he discounted the importance of a police report as it was “simply a matter of procedure”.
“As I understood it, the witness (Teoh) was no longer in our charge as he had been permitted to leave the office. Orders were issued. (Mohd) Nazri (Ibrahim) let Teoh rest only for a short while,” he said.
But commisioner T Selventhiranathan cut in and reprimanded him.
“A police report should have been lodged when a healthy person enters your office but comes out dead,” he blasted.
Cheow then asked if the MACC was trying to wash its hands off its responsibility in the case.
“I was willing to cooperate with the police, to give my statement... why make reports 10, 40 times? One report is enough for police to start investigations,” replied Hishamuddin.
“The police had already started investigation as a member of the public had lodged a report,” he added.
‘MACC is not the Abu Ghraib camp’
Earlier in the day, Hishamuddin said torture techniques mentioned by Cheow were only heard of in the Abu Ghraib prison camp, when he was asked if the graft busters used a similar approach in their probe.
Giggles were heard when Hishamuddin made his answer in reply to accounts of physical and psychological abuse cited by Cheow.
The abuses in Abu Ghraib, also known as the Baghdad Correctional Facility in Iraq, were highlighted as these acts were committed by members of the US Army's military police.
“Are witnesses made to stand in a dark room for hours? Is there a chair placed behind the witness but he is not allowed to sit?
“Do you use techniques of blindfolding witnesses to make them disorientated? Do you use the good cop, bad cop technique?
“In the presence of witnesses or suspects, do the officers kick chairs and tables?” Cheow asked.
Hishamuddin replied in the negative to all suggestions of abuse by Cheow, who related the testimony of Kajang councillor Tan Boon Wah ( right ).
Tan had earlier said that MACC had employed such techniques when he and Teoh, were held at the MACC office for more than 16 hours.
“In the MACC, we are polite and we try to convince the witnesses because otherwise they might become hostile,” Hishamuddin said.


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