Teoh Beng Hock could have become a suspect or an accomplice investigated for abuse of power and cheating the state government, if the anti-graft authority had continued its probe in 2009.

 

Malaysian Anti-Corruption Commission (MACC) investigation officer Ahmad Shafik Abd Rahman @ Alwee from Putrajaya told the royal commission of inquiry (RCI) investigating Teoh’s death that this was his opinion when he took over the case of irregular disbursement of state funds from the Selangor MACC.

“I was ordered to investigate the matter under Section 18 of the MACC Act... (but) from my investigation and when I couldn’t match the receipts provided... (Seri Kembangan assemblyperson) Ean Yong (Hian Wah), Teoh and (contractor) Lee Wye Wing could become suspects or accomplices for cheating,” he said.

Ahmad Shafik explained that he informed his superiors that there are indication of offences committed for the MACC to investigate under Section 23 of the MACC Act for abuse of power and Section 420 of Penal Code for cheating.

In his opinion, among the offences committed were the misuse of Class F contractor licences to obtain projects that were allocated to bumiputera contractors, according to the Treasury guidelines, under the Finance Ministry.

“Lee Wye Wing was awarded projects using licences from other companies,” he said.

Teoh, political secretary to Ean Yong, was found dead on the fifth floor of Plaza Masalam, Shah Alam on July 16, 2009, after being questioned overnight by the Selangor MACC the day before over irregular disbursement of state allocations by his employer.

Ahamd Shafik had taken over the case from Mohd Anuar Ismail after Teoh’s death.  

azlan The RCI currently in session is looking into Teoh’s death and the MACC’s interrogation methods.

It was formed after an inquest into his death delivered an open verdict ruling out suicide and homicide.

“For government projects, one of the conditions is the company must be a bumiputera company,” said Ahmad Shafik.

“But what happens is, many non-bumiputera companies will use bumiputera licences to get government projects, like what happened in this case... if this happens, there is the essence of cheating under the Penal Code,” he added.

Ahmad Shafik added that Teoh’s death however, inundated the investigation as “Teoh’s testimony is crucial”.

“We couldn’t investigate other offences because perhaps we couldn’t get the necessary testimonies, like Teoh’s,” said Ahmad Shafik.

Last week, the investigator said that Ean Yong was cleared of all allegations pertaining to the case of state funds misuse as all projects and programmes that were paid for were completed.

“Even though investigations were under Section 18 (of the MACC Act 2009), investigations could be directed under Section 23 of the MACC Act 2009, which is on the abuse of position, or other alternative provision related to this case, for instance, (for) cheating under the Penal Code,” he said.

However, his orders were to stick to a probe under Section 18 and keeping it under the offence of abusing state allocations.

‘Investigation was in its early stage’

He added that his investigations, which were “in its early stages” relied heavily on Lee’s statement as well as receipts and vouchers of payments and claims.

According to Ahmad Shafik, from the probe he deduced that various payments made to DAP and its Serdang Aman branch in relation to four projects, all costing RM10,000 and below, were reimbursements for advance payments.

But the investigation result was not “satisfactory” as the receipts supplied by Lee could not be “matched” with the claims and vouchers of the projects executed.

Ahmad Shafik also said there was insufficient evidence to prove that Ean Yong had committed other offences like cheating and abusing his position.

“If it’s 50-50 or not enough testimony, we can’t propose (to further investigate other offences),” he said.

raja petra shafee abdullah sedition case 150808 01 Previously, MACC lawyer Muhammad Shafee Abdullah ( left ) had accused DAP of taking a portion from state allocation claims and suggested the possibility of Teoh being in the loop.

Asked by RCI’s conducting officer Awang Amardajaya Awang Mahmud on “who, then, is the victim in the probe?” Ahmad Shafik said “it will have to be the Selangor government”.

Bar Council lawyer S Sivanenindren however, pointed out to the MACC officer that the state treasury circular provides for different guidelines.

Sivanenindren: Are you aware of the treasury circular of the Selangor government? Where it states that works under RM20,000 can be given via direct negotiation by class F contractors. Do you know of this?

Ahmad Shafik: Yes.

Sivanenindren:

Does it say anywhere in this circular that say that it must be bumiputera contractors?

Ahmad Shafik: No, but this is tied to the Finance Ministry’s Treasury circular.

At this juncture, RCI chairperson James Foong stopped Sivanenindren from asking further questions so as to halt the officer from “interpreting the law” himself.

However, to prove any other crime committed, he reiterated that there must be “essence” for them to probe further.

The inquiry resumes tomorrow with Ean Yong as the witness.

'Teoh and Ean Yong are people of integrity'