The failure of the Minister of Home Affairs to direct the Inspector General of Police to reopen investigations into the death of Teoh Beng Hock despite being urged to do so by the Attorney General is baffling and deeply regretted.
Tan Sri Muhyiddin Yassin is on record as having said that investigations into the death of Teoh will only be reopened upon the instructions of the AG (see: “Muhyiddin: Decision to reopen Beng Hock case must come from AGC”, The Star Online, 25hb Oktober, 2018”).
It is shocking that Muhyiddin said this on 25.10.2018 when the AG had already instructed the Inspector General of Police to reopen the said investigations since 17.7.2018 by way of its letter dated the same to the IGP which is attached herewith as ‘A’.
This was in response to my letter to the AG dated 6.7.2018 (as solicitor for Teoh’s family) urging him to reopen the said investigations, particularly in light of the following findings of the Court of Appeal that there was clear evidence of foul play surrounding Teoh’s death:
“Death of Teoh Beng Hock was caused by multiple injuries from a fall from the 14th floor of Plaza Masalam as a result of, or which was accelerated by, an unlawful act or acts of persons unknown, inclusive of MACC officers who were involved in the arrest and investigation of the deceased.”
“The interest of the family members and the public interest require that the case be further investigated by the police authorities.”
“The fact that the injury had been identified was sufficient to attract some level of criminal liability against the MACC officers who were involved and a proper police investigation would have been warranted under the CPC, taking into consideration that MACC officers are not immune to such investigation under the law or Federal Constitution.”
“It will be abhorrent to the notion of justice and fair play to say nobody was culpable when there was clear evidence to say otherwise. MACC or the relevant officers being a responsible body simply could not disclaim liability when its officers had taken the deceased into custody and kept the witness throughout engaging in oppressive conduct which resulted in his death. If the oppressors had been lay persons, the oppressors would have been charged by the police and/or Attorney General’s Chambers for murder or culpable homicide not amounting to murder. That was not done in this case which had resulted in a public outcry and such failure breached the rule of law and several provisions of the Federal Constitution.”
My said letter to the AG dated 6.7.2018 is attached herewith as ‘B’.
As such, I wrote directly to Muhyddin on 26.10.2018 (as solicitor for Teoh’s family) explaining the position above, particularly that the AG had already instructed the IGP to reopen the
investigations into the death of Teoh since 17.7.2018, contrary to his said statement on 25.10.2018 that investigations into the death of Teoh will only be reopened upon the instructions of the AG. My said letter dated 26.10.2018 is attached herewith as ‘C’.
I regret to note that I have yet to receive a reply from Muhyddin to my said letter dated 26.10.2018.
I further note that the Finance Minister had also expressed his concern at the delay of the reopening of investigations into Teoh’s death by writing to the AG for the said purpose which the AG had responded to by way of letter which was received by the Finance Minister on 4.12.208 confirming that he had already instructed the IGP to reopen the said investigations since 17.7.2018. The AG’s said letter is attached herewith as ‘D’.
Why has Muhyddin not instructed the IGP to reopen investigations into Teoh’s death despite being aware that the AG has already directed the IGP to do so since July?
Why has Muhyddin not instructed the IGP to reopen investigations into Teoh’s death despite the fact that the Court of Appeal itself has found evidence of foul play surrounding Teoh’s death and that the AG himself is of the view that investigations into his said death ought to be reopened?
The failure of the Ministry of Home Affairs to instruct the IGP to act immediately raises grave suspicion of the possibility of a cover up in Teoh’s death. Teoh’s family has a right to know what happened to Teoh in such suspicious circumstances and Muhyddin must take the necessary steps now to instruct the IGP to reopen investigations into his death.
I urge Muhyddin to publicly state that he will instruct the IGP to reopen investigations into Teoh’s death in light of the above forthwith in the public interest. There is absolutely no reason for him not to.
Dated this 10th January, 2019.
MEMBER OF PARLIAMENT
CHAIRMAN NATIONAL LEGAL BUREAU
DEMOCRATIC ACTION PARTY