Teoh's note: Conspiracy to let MACC get off the hook slammed

Malaysia Chronicle

Amid rising public concern of a government conspiracy to let the Malaysian Anti-Corruption Commission get off the hook, Malaysian lawyers have come out to slam Attorney General Gani Patail for what they perceive to be grossly unprofessional conduct in the Teoh Beng Hock inquest.

“It is a fundamental tenet of the criminal justice system that all evidence must be disclosed, and made accessible to all parties, including evidence that is detrimental to the prosecution’s case. Prior to the commencement of the inquest, the prosecution ought to have furnished to the defence and the Court all documents that are relevant and necessary for the Coroner to determine the cause of death based on all facts and evidence before the Court. The principle of disclosure is aimed at ensuring that justice is served in all cases,” said Ragunath Kesavan, the president of the Malaysian Bar.

“It is the duty of the court, and not of the prosecution, to determine the authenticity or relevance of any piece of evidence. The prosecution is duty bound to uphold fairness and justice, which without doubt includes the full disclosure of all evidence uncovered during the investigation. The failure to produce the document as soon as it was discovered raises misgivings about the credibility and fairness of the prosecution, and its poor judgment points to the lack of transparency.”

AG should be sacked

Earlier this week, Malaysians were shocked when Gani suddenly tried to introduce a piece of new evidence that Umno supporters have implied was a suicide note.

As the inquest is already at an advanced stage, with only testimony due on August 18 from Thai forensic expert Dr Pornthip Rojanasunand, the note will surely upset the case put forward by Teoh’s family. They are arguing that his death was homicide and not suicide as claimed by the Umno-led government.

But despite public outrage at the perceived manipulation of the inquest, Gani has refused to clarify what actually happened after creating confusion with an initial press statement that raised more questions than it answered.

“The sudden introduction of the note has also exposed the unprofessionalism that has marked the Attorney-General’s chambers all these years. He must accept responsibility and resign," Batu MP Tian Chua toldMalaysia Chronicle.

“The AG himself has allowed evidence to be put before the public without that evidence having surfaced in court. The AG is no position to dictate that the public should wait for this matter to be raised in court before discussion. A full and transparent account of why and how this came to be must be given,” Malaysian Insiderreported Malik Imtiaz Sarwar as saying.

Malik is the lawyer appointed by the Selangor state government to watch over the case. The Bar Council has also called for the establishment of a Royal Commission of Inquiry, saying that the scope should also include a review of the shortcomings in the country's criminal justice system, and ensure that protocols are introduced to guarantee full compliance with accepted norms.

Succumbing to pressure from the Umno hawks

Indeed concern is high that Prime Minister Najib Razak’s administration is keen to close the controversial case that has damaged the credibility of the MACC both locally and overseas.

But rather than allow the truth to emerge, it appears that Najib may have succumbed to political pressure from hawks within Umno to let the MACC get off the hook.

Beng Hock’s body was found outside the MACC office after overnight interrogation in connection with alleged corruption by a slew of Selangor Pakatan Rakyat leaders. Both Najib himself and his party have made no bones about their wish to wrest back the country’s richest state “at all costs” since losing it in the 2008 general election.

Several Selangor Umno leaders, including former mentri besar Khir Toyo, have been accused of instigating the MACC probe. Khir has since fallen out of favor but Najib is believed to have passed the baton over to Senator Mohd Ezam, a former Pakatan leader who was the first to raise the possibility of a suicide note in Parliament last month.

Meanwhile, Teoh’s family has also lashed out at the MACC and Najib, who previously promised he would not countenance any cover-up.

"We are disappointed with the MACC's delay tactics during the inquest and the way they have smeared my brother's and our family's good name," said Teoh’s sister Lee Lan.

"If the Prime Minister is too busy to remember his promise to our family, then we will follow him wherever he goes and remind him. My brother cannot die from torture just like that."