Teoh family: Not filing judicial review, Harapan needs to do more

Summary

• Teoh Beng Hock’s family will not pursue a judicial review against the AGC’s “no further action” decision, citing low success rates and limited legal impact.

• The family calls on Pakatan Harapan, especially DAP ministers, to pressure the AGC and police for a transparent investigation under Section 302 of the Penal Code for murder.

• The AGC was criticised for allegedly ignoring key evidence and failing to probe MACC officers.

Teoh Beng Hock’s family has decided against applying for a judicial review challenging the move by the Attorney-General’s Chambers (AGC) to classify investigations into his death as “no further action” (NFA).

Beng Hock’s sister, Lee Lan, said the family decided this based on advice from their lawyer, Ramkarpal Singh.

She said her family was informed of Malaysia’s legal history, where there has only been one judicial review applicant who won a case against the AGC.

“Our lawyer said that even if we win (the judicial review), there’s a possibility that the court might just cancel (the AGC’s) NFA decision - that’s all,” Lee Lan (above, right) told a press conference today.

“Even though the court has the power to order the AGC to reword its decision or press charges against any of the MACC officers involved (in Beng Hock’s death), prosecution remains in the hands of the AGC.

“Whether we win or lose our judicial review application, (Beng Hock’s) killer will not be charged or punished in court... it would not bring any positive progress to our efforts to establish the truth and find justice for Beng Hock,” she added.

She also said the family believes that another court process will only delay justice, saying, “I don’t see any reason why we should continue with a judicial review application.”

In 2009, Beng Hock, an aide to then-DAP’s Seri Kembangan assemblyperson Ean Yong Hian Wah, was found dead after overnight questioning at Selangor MACC, which was then headquartered at Plaza Masalam in Shah Alam.

A 2011 Royal Commission of Inquiry, which had the AGC as its secretariat, ruled he was driven to suicide due to aggressive interrogation.

However, in 2014, the Court of Appeal ruled his death was caused or accelerated by unlawful acts, including those of MACC officers.

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

DAP, Harapan should do more

At the press conference today, Lee Lan stressed that a judicial review is “not the only solution”.

She said her family is hoping that Pakatan Harapan politicians will put pressure on the authorities, namely the police and the AGC, to ensure justice is served.

She said that while the family acknowledges and appreciates the help previously provided by DAP in terms of legal support and raising public awareness on the case, the party should be doing more now, as it is part of the government.

“Since we have decided not to pursue a judicial review application, DAP has no more action to take now apart from what they can do while being part of the administration,” she added.

She said DAP politicians, particularly cabinet members, should ensure a transparent and professional police investigation into Beng Hock’s death under Section 302 of the Penal Code for murder, in line with the appellate court’s verdict.

Also present at the press conference was Teoh Beng Hock Association for Democratic Advancement (TBH-ADA) chairperson Ng Yap Hwa, who dismissed DAP’s statement yesterday, which urged the AGC to press charges against those responsible for Beng Hock’s death.

“We are still waiting for a concrete response (as) until now, there is no clear response (from DAP).

“It must be emphasised that their responsibility as cabinet ministers is to state whether the cabinet agrees with the AGC’s NFA decision,” Ng added.

Last month, TBH-ADA called for DAP’s five ministers to resign in protest over the AGC’s decision, claiming that the party failed to fulfil promises to seek justice for Beng Hock.

The five include Gobind Singh Deo (Digital), Anthony Loke (Transport), Nga Kor Ming (Housing and Local Government), Steven Sim (Human Resources), and Hannah Yeoh (Youth and Sports).

‘Glaring, suspicious circumstances’

Ng also refuted Attorney-General Dusuki Mokhtar’s previous explanation that the NFA was due to insufficient evidence.

Dusuki had also said that the Court of Appeal’s 2014 decision was made as a civil matter and cannot form the sole basis of a criminal proceeding without sufficient direct evidence.

Insisting that the issue is not a lack of evidence, but a lack of action, Ng said Dusuki failed to address whether the police had thoroughly investigated a list of 34 MACC officers submitted by TBH-ADA in February this year.

He also asserted that the AGC had “ignored” multiple questions raised by Beng Hock's family, highlighting “glaring suspicious circumstances” in the case.

Among the questions, he said, included whether police had fully investigated “destroyed” computer and mobile phone messages as well as investigation notes from the MACC.

“We have always demanded that the government conduct an independent and professional investigation in line with the Court of Appeal’s ruling - not to prosecute solely based on the court’s verdict, as Dusuki misleadingly suggests,” Ng added.

He also said Dusuki had “selectively quoted” the appellate court’s judgment to “conveniently omit” any mention of MACC officers’ involvement.

“The AGC’s consistent protection of MACC officers is blatantly obvious... (Dusuki) avoided even the word ‘MACC’ in his lengthy letter, as if Beng Hock died in some vague ‘public agency detention’,” Ng remarked.

Urging Dusuki to explain whether the AGC and police have excluded MACC officers’ possible culpability in the case, Ng also said the dual role of the AGC as the government’s lawyer and prosecutor has created an inherent conflict of interest.

“When cases involve government officials, the AGC’s priority is protecting its own people - even if they violate laws and human rights.

“This conflict renders it incapable of upholding justice, (causing it to) abandon its constitutional duty as an independent prosecutor,” he added.

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