KUALA LUMPUR, April 14 — A witness in the Teoh Beng Hock Royal Commission of Inquiry (RCI) was caught today referring to a note while he was testifying, which contained questions and answers related to his testimony.
Commissioner Datuk T. Selventhiranathan said it was obvious that Malaysian Anti-Corruption Commission (MACC) security guard Khairuddin Denan had been “taught” how to testify about the mysterious circumstances surrounding Teoh’s death.
“Did Mr Khairuddin hear MACC officers do interrogation? The answer is ‘Tiada’ (none),” said Selventhiranathan at the inquiry today, reading out a line from the note Khairuddin had referred to.
Khairuddin said he had written the note himself.
“This is obvious that you were taught,” Selventhiranathan countered.
Khairuddin, who has served the national anti-graft body as a security guard since 2005, told the RCI yesterday that he saw an unknown Chinese man walking in the then MACC office in Plaza Masalam in Shah Alam some time after 1.30am on July 16, 2009.
Teoh, a DAP aide, was found dead hours later on the fifth floor corridor of Plaza Masalam after he was questioned overnight by MACC officers at their then Selangor headquarters on the 14th floor.
But Khairuddin, 56, said today that he did not check to see who the Chinese man was despite knowing that he was not an anti-graft officer.
“He seemed fine. He wasn’t suspicious-looking,” said Khairuddin, who was wearing a beige shirt.
“But a stranger is in the MACC office in the middle of the night in the dark. That’s not suspicious?” asked Bar Council lawyer Cheow Wee.
“He seemed good,” answered Khairuddin, who has been a security guard since 1984.
Khairuddin’s answers frustrated the commissioners, who called his testimony unreasonable and frequently urged him to tell the truth.
Cheow pointed out today that Khairuddin has been referring to his diary since the grey-haired security guard began his testimony yesterday.
“I did it myself,” said Khairuddin, before handing over a typewritten sheet of paper from his diary to the commission.
Khairuddin, whose highest education is Form Three, admitted that he was not very skilled at using the computer and usually only typed out duty rosters.
Selventhiranathan also disputed Khairuddin’s claim that he wrote the note, pointing out that the latter had referred to himself in the third person.
“(In the) second line, there’s a question: How do you (Mr Khairuddin) know he is not suspicious? Why mention yourself in the third person?” asked the former Court of Appeal judge.
“I typed it myself,” Khairuddin insisted.
RCI chairman Tan Sri James Foong also highlighted a handwritten sentence on the back of the note, which read: “Yang Arif menyoal saya di luar bidang tugas saya. Saya pengawal keselamatan” (Your Honour is questioning me outside my scope of work. I’m a security guard).
“Did MACC officers teach you?” asked Foong.
Khairuddin denied it, saying: “This is my job”.
“This looks like someone has been helping you,” answered the sitting Federal Court judge.
Cheow pointed out that Khairuddin did not mention to the police a few days after Teoh’s fatal plunge that he had seen a Chinese man in the MACC office.
“You answered you did not see anyone. You said ‘I didn’t make rounds. I sat at the counter. I slept till 6.30 (am).’ That was your statement,” said the criminal law specialist.
Khairuddin insisted that he saw a lone Chinese man, but did not see any anti-graft officers since he entered the MACC office at midnight.
He said the office was quiet during his watch and that he only saw MACC officers Mohd Anuar Ismail and Raymond Nion John Timban at 5 am and 6 am respectively.
Khairuddin also said he did not check the office for the Chinese man before he left the office at 8am, saying: “It’s the officer’s duty.”
Foong pointed out that several graftbusters have testified that they went in and out of the office in front of Khairuddin.
“What are you afraid of? Can’t speak? Or you saw him (Teoh) die?” Foong asked.
Khairuddin remained silent and rubbed his face.
Cheow also noted that Khairuddin’s first police statement had obvious differences with the second police statement which he made just last month.
“In your second statement...you said Amran (Khairuddin’s colleague) told you many officers were working in the office. You said you saw Teoh Beng Hock that night... you said you saw Anuar Ismail at 5 am coming to the guest room and that Raymond left at 6 am using an access card,” said Cheow.
“How do you remember this?” the lawyer asked.
“Coincidence,” replied Khairuddin.
Khairuddin also stressed that he did not mention Teoh’s name when his statement was being recorded.
“He (the police) said Teoh Beng Hock. I didn’t say Teoh Beng Hock. I just know (I saw a) Chinese, not Teoh Beng Hock,” said Khairuddin.
Foong pointed out that Raymond has told the RCI that he did not have an access card that fateful night.
“Either you are lying or he was lying. If you lie, you’ll get in trouble,” warned the Federal Court judge.
Khairuddin, who sat at the edge of his seat throughout his testimony and often made long pauses before answering, also said he saw a bag at a sofa in the MACC office.
“So when you saw a bag at the sofa, you didn’t check whose bag it was? You’re a security guard,” said Cheow.
“No,” answered Khairuddin.
“What if there was a bomb in the bag? You saw a stranger from outside. You didn’t see anyone else... how can you be a guard?” blasted Selventhiranathan.
Khairuddin rubbed his face and said: “I don’t know whose bag it was. I thought it was the officer’s bag.”
Teoh, 30, was the political secretary to Selangor executive councillor Ean Yong Hian Wah at the time of his death.
The anti-graft officers were investigating a claim that his boss was abusing state funds.
The RCI has until April 25 to present its report to the King.
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