4 theSun | TUESDAY AUGUST 18 2009

news without borders

MACC advisory
panel member Teoh may have been
condemns survey
by Hemananthani
Sivanandam
newsdesk@thesundaily.com

PETALING JAYA: Malay-

sian Anti-Corruption Com-
mission (MACC) advisory
panel member Tan Sri Robert
Phang slammed the MACC
policy division, research and
development secretariat for an
email survey it conducted in
the wake of political aide Teoh
Beng Hock’s death, calling it
an “insult to our intelligence
and integrity.”
“This is very biadap (rude),
kurang ajar (ill-mannered).
It’s unbelievable, unethical
and highly irregular of the
MACC secretariat to do this
illegal survey.
“This is a true illustration
of bad taste with criminal
intention. Don’t use the tail to
wag the dog,” said Phang, who
sits on the MACC corruption
consultation and prevention
panel.
The secretariat on Aug
3 sent out an email to 42
members of its advisory panel
following Teoh’s death and
sought their views in the wake
of media statements made by
panel members Phang and
Tan Sri Ramon Navaratnam,
which it felt were not support-
ive of the commission.
Phang said he was alerted
about the survey by the online
news portal Malaysiakini.
“What does the MACC
think it is? The advisory panel
does not answer to anyone.
We only give advice to them
and if it’s adopted, then a
memorandum is sent to par-
liament,” Phang told theSun.
He said the commissioners,
through the recommenda-
tion of the prime minister,
were endorsed by the Yang
di-Pertuan Agong and were
not appointed to please
MACC officers. Instead, they
are appointed to be effective
watchdogs over human rights
and corruption matters in the
country.
“I categorically state that
as commissioner members of
the different committees, we
are people of integrity.
“We have accepted the ap-
pointment as commissioners,
because we believe we can
help to improve the effective-
ness and efficiency of MACC
and also helping to promote
equally important the good
image of MACC,” said Phang.
He reiterated that MACC
needs to change its mindset
and weed out recalcitrance
in MACC and other similar
bodies in Malaysia “if we wish
to have a truly transparent
society.”
Phang said MACC should
do a survey about its own
shortcomings in the face of
growing expectations from
the public.
Phang, who is a Malaysia
Crime Prevention Foundation
exco member, also com-
mented on MACC investiga-
tion director Datuk Mohd
Shukri Abdull’s statement on
Saturday that the body will
stop investigating politicians
indefinitely as his men felt
they could not carry out their
duties effectively.
Phang said MACC should
have better media manage-
ment to develop a better
relationship with the public.
“Many people think MACC
is only investigating against
selected Pakatan Rakyat as-
semblymen but this is not
the case. MACC has been in-
vestigating Barisan Nasional
assemblymen too but this is
not known to the public and
it has led to confusion among
them,” said Phang.
He said there was a break-
down in MACC’s system and
it should revamp its investiga-
tion procedures to improve its
reputation.
injured before fall
by Tan Yi Liang you (Khairul) did not question the
Red Shirts newsdesk@thesundaily.com MACC officers, you thus did not ob-
seek royal tain the material facts that resulted
pardon for SHAH ALAM: A pathologist testi- in your rejecting the possibility that
fied that Teoh Beng Hock may a homicide had occurred,” said
Thaksin have already been injured before Gobind.
pg 8 he hit the ground, the inquest into In reply, Khairul said he had
the political aide’s death heard left the questioning of the MACC
yesterday. officers to the investigating officer
Hospital Tengku Ampuan Ra- (IO) of the case, ASP Ahmad Nazri
himah (HTAR) Forensics Depart- Zainal, and added that questioning
ment senior medical consultant Dr the MACC was “not my duty”.
Khairul Azman Ibrahim admitted Gobind then seized on this,
he could not determine whether all pressing Khairul to tell the court
the injuries sustained by Teoh were whether he had the power to
the direct result of his fall from the ask for the MACC officers to be
14th floor of Plaza Masalam. questioned, or question the officers
Teoh had sustained massive himself.
injuries in the nine-storey fall, “You don’t have evidence to
which included a fractured skull, Dr Khairul at the High Court support (the theory) a homicide
22 broken ribs, scratches, and yesterday. had occurred because you did not
lacerations to his anus. question and did not conduct any
Khairul is the 10th witness at the to reach for something. He also investigation on the MACC offic-
inquest into Teoh’s death. Coroner said it was “a possibility” that the ers,” asked Gobind.
Azmil Muntapha Abas is heading injuries found on Teoh’s face could Khairul then said that although
the inquest, which is into its ninth have been the result of a beating he didn’t speak to the MACC offic-
day. sustained before the fall. ers directly, he had spoken to Nazri
DAY 9 Under cross Earlier, during cross examina- about the details of the case.
g H oc k inqu est: examination by tion by Gobind Singh Deo, Khairul “In my opinion, it was sufficient
Teoh B en Selangor state was asked about the origins of the to find out the story and get a
Who’s who government
counsel Malik
lacerations found around Teoh’s
anus during the post-mortem,
picture of the situation from the
investigating officer. I did ask the
Coroner Imtiaz Sarwar,
pha which the pathologist said was the investigating officer, (and) I was
Azmil Munta
Abas Khairul also said result of Teoh landing feet-first. told that the interrogation on the
Government
it was “possible” He said the injuries were most deceased was completed at about
ck Ch ua n Teoh had been likely caused due to the bones in 3.30am, and he could be released,
Tan Ho ted
(counsel appoin starved and in a the pelvic area breaking as a result but he later slept on the sofa.
by government) i
P Id ha m Abdul Ghan weakened state, as of the impact. “I was also told that at about
DP no food was found
oh’s family Under questioning from Gobind, 5am to 5.30am, the deceased was
Lawyers for Te in his stomach Khairul, however, admitted that it seen wandering in the (MACC) of-
h De o
Gobind Sing during the post- was also possible the lacerations fice,” said Khairul, who said that he
S.N. Nair Singh
Ram Karpal mortem. could have occurred if Teoh was would have questioned the MACC
Lim Lip Eng h He also said hit on his anus by a “flat object”. officers if they had turned up at the
Karpal Sing the political aide “A flat object would cause inju- mortuary.
langor
Lawyers for Seent to Sri Kembangan ries that look something like this, The pathologist did admit to
sta te go ve rnm
z Sarwar
assemblyman but it is unlikely (that this is the questioning Teoh’s elder brother
Malik Imtia iah Ean Yong Hian cause),” said Khairul, who added Beng Kee, his younger sister Lee
Asho k Ka nd
ee ka nt Pi llai Wah may have that no proctoscopy was done to Lan, and his fiancee Soh Cher Wei
Sr brief
ng a watching been remained see whether Teoh’s anus had been to determine his mental state and
Lawyers holdi uncil
for the Bar Co alive for a while internally ruptured from the fall. the possibility that the 30-year-old
led by Hisy am
12 lawyers who will take after hitting the Earlier, Gobind, who is repre- had committed suicide.
Teh Poh Teik ily basis ground on the senting Teoh’s family, said that Khairul testified that Beng Kee
turns on a da fifth floor of the theory that Teoh’s death was had told him that Teoh was an
Plaza Masalam, a homicide cannot be dismissed “open and talkative person”, and
as his body was because Khairul failed to question one who was not likely to commit
found with the Malaysian Anti-Corruption Com- suicide. He also said that Beng Kee
fists clenched, mission (MACC) officers involved told him that Teoh did not smoke,
a sign he might in the case. drink or use drugs.
have been trying “I put it to you that because Hearing continues today.

NGOs call for Gunasegaran inquest

by Alyaa Alhadjri
newsdesk@thesundaily.com
KUALA LUMPUR: Civil soci-
ety groups are demanding an
inquest into the death of R. Gu-
nasegaran, who died in police
custody on July 16.
The 11 non-governmental
organisations, which released
a joint statement yesterday,
also want a standard operating
procedure on what to do in
cases of death in custody.
The 11 NGOs, which in-
cluded The People’s Parliament,
Suaram, Jemaah Islah Malaysia
(JIM), Centre for Policy Initiatives
(CPI) and Writers Alliance for
Media Independence (WAMI),
said Gunasegaran’s body has
been in the Kuala Lumpur Hos-
pital (KLH) mortuary for the past
month with no word on when it
will be released for burial.
The statement also
condemned the authorities
for not releasing the official
post-mortem report to the fam-
ily pertaining to Gunasegaran’s
cause of death.
“We now demand that the
court authorities immediately
hold an inquest to look into the
cause of death of Gunasegaran
and hospital authorities stop
the practise of deferring deliv-
ery of post-mortem report to
the family in cases of death in
police custody until after the
body has been buried and/or
cremated,” said lawyer Haris
Ibrahim, who represents The
People’s Parliament.
“A standard operating
procedure regarding what
to do in cases of death in
custody should be clarified to
help families of deceased since
currently it differs according
to cases based on the police’s
discretion,” said JIM president
Zaid Kamaruddin.
Gunasegaran was arrested
during a drug bust on July 16
and was held in custody at the
Sentul police station. The police
claim he died that evening of
drug-related causes, a fact that
is disputed by the family.
The family said there are
eye-witnesses who claim the
31-year-old was assaulted
while in custody, leading to his
death.
The statement also said
Gunasegaran’s family had
been told that the post-mortem
report will only be made avail-
able two months after applying
to hospital authorities for the
document; and only after his
body is removed from the
mortuary.
Solicitors acting on behalf
of the deceased’s family have
filed an application at the Kuala
Lumpur High Court seeking the
release of the results of the
post-mortem, and an order
asking KLH to perform a second
post-mortem to find out if Gu-
nasegaran had been assaulted.
The case will be heard today.