Beng Hock family mulling judicial review against AG over NFA

Summary

• Teoh Beng Hock's family is considering a judicial review against the AG after the NFA in the investigation into his death.

• Their lawyer, Ramkarpal Singh, criticises the AG's explanation, saying it did not overcome the family's concerns about the thoroughness and professionalism of the investigation.

Teoh Beng Hock’s family is considering applying for a judicial review against the attorney-general following the decision to classify investigations into his death as “no further action” (NFA).

The family’s lawyer, Ramkarpal Singh, said today that more time is needed to study a letter from Attorney-General Dusuki Mokhtar, which contained an explanation for the NFA decision.

In a statement, he said the letter cited an alleged lack of evidence to commence criminal proceedings, as well as an argument that the Court of Appeal’s findings were based on civil law.

“It is disappointing that the AG has come to the conclusion that there is insufficient evidence, as the police have had ample time to investigate this tragedy since 2009.

“The AG should disclose further details of his findings, particularly on the question of why he says there is insufficient evidence, as a general statement to that effect does not, in any way, overcome the family’s real concerns that such investigations were not properly and professionally conducted,” Ramkarpal said.

He added that the family will announce their decision in due course.

On May 22, Ramkarpal questioned the AGC’s decision, highlighting that it failed to inform Teoh’s family directly, with the matter instead being relayed by the police.

The police’s Criminal Investigation Department wrote to Ramkarpal on May 20 to inform him of the AGC’s decision, which they said was determined on May 19.

In 2009, Teoh, an aide to then Seri Kembangan assemblyperson Ean Yong Hian Wah, was found dead after overnight questioning at Selangor MACC, headquartered at Plaza Masalam in Shah Alam back then.

Require a higher standard of proof

Ramkarpal had attached the AG’s letter, dated May 30, to his statement.

In the letter, Dusuki said criminal law proceedings require a higher standard of proof compared to civil law, which only calls for satisfaction on the balance of probabilities.

He said the Court of Appeal’s decision in 2014, which ruled that Teoh’s death was caused or accelerated by unlawful acts, was made as a civil matter and cannot form the sole basis of a criminal proceeding without sufficient direct evidence.

He stressed that the AGC was not denying Teoh’s death, but neither could it rewrite laws.

He also assured that should new evidence arise, the AGC will not hesitate to re-examine the matter.

In 2011, a Royal Commission of Inquiry ruled that Teoh was driven to suicide due to aggressive interrogation.

On Nov 21 last year, the Kuala Lumpur High Court ordered the police to complete the investigation into Teoh’s death within six months after appeals court judge Wan Ahmad Farid Wan Salleh allowed his parents’ judicial review application.

During Pakatan Harapan’s first stint in Putrajaya under then-prime minister Dr Mahathir Mohamad, the cabinet agreed to reopen investigations into Teoh’s death.

Before the case was reopened, two special investigation teams were formed in 2011 and again in 2015. However, both probes were similarly classified as NFA.

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