Focus on the Royal Commission of Inquiry report on the death of Teoh Beng Hock have been on three individuals - Negri Sembilan Malaysian Anti-Corruption Commission director Hishamuddin Hashim and investigating officers Mohd Anuar Ismail and Ashraf Mohd Yunus.
These three named as having played a pivotal role in driving Teoh Beng Hock to suicide. However, the RCI also made another startling revelation: that two other MACC officers - Bulkini Paharuddin and Raymond Nion (left) - lied to the RCI.
Former Kuala Lumpur CID chief Mat Zain Ibrahim, who pointed out this part in the report, suggested that besides charging tHishamuddin, Anuar and Ashraf with abetment in suicide under Section 306 of the Penal Code, action be also taken against Bulkini and Raymond.
Abetment in suicide is punishable with a 10-year jail term.
In an open letter to Inspector-General of Police Ismail Omar that Mat Zain sent two days ago, he notes that it is unbecoming of civil servants to dare to commit perjury in court, and especially to ignore the powers of the RCI.
In this, the retired senior police officer referred to paragraphs 85 and 86 of the RCI report that say Bulkini "fabricated" evidence as the MACC officer did not mention in his first police report of a meeting between Teoh and businessperson Tan Boon Wah, but disclosed it three weeks later in a second report.
"The lapse of time (three weeks) renders this contention (of him seeing Teoh and Tan as witnessed by Bulkini) to be dubious. Furthermore, Bulkini had testified Teoh and Tan to be of the same height, but a picture of the two together, which was tendered, proved otherwise.
"We are unable to accept Bulkini's claim that his recollection of the incident and recognition of Teoh could improve with time and there were numerous contradictions in his evidence that we hold the evidence by Bulkini is unworthy of credit and should be rejected," the report states.
'Raymond Nion made a false record'
Mat Zain said Raymond had testified that he clocked out at 6:04am and punched in again on 6:05am on July 16, 2009, and this proved that he made a false note or record to "cover up" those involved in the alleged wrongdoing in Teoh's death.
Paragraphs 196 and 201 of the RCI report describe Nion's actions: "It became obvious to us that Raymond's evidence was tailored to fit certain objectives, which in this case dovetailed those of the MACC's officers responsible for Teoh's death.
"We rejected the (Raymond's) evidence as being unworthy of any weight or consideration in respect of the time he claimed to have seen Teoh at 6am on July 16, 2009," the report states.
Mat Zain said Raymond and Bulkini had committed perjury, an offence punishable with seven years' jail and a fine, and called on Ismail to act on this.
The former senior police officer expressed puzzlement and surprise that several MACC officers dared to give false evidence in such a proceeding, as if they were oblivious to committing a crime and did not know the repercussions.
"From their testimonies I can conclude that whether they were given wrong advise or they obtained certain assurances from certain people that they would not face any prosecution although this is a serious offence.
"They would not dare to give false evidence, even so in an RCI like this," Mat Zain said.
The former top cop pointed out that this also took place in the 1999 RCI on the "black-eye", where he believes Dr Abdul Rahman Yusof was given such a guarantee by the then attorney-general that no action would be taken against him (Rahman).
Is Gani qualified to over-rule RCI report?
"This was despite Rahman having prepared three false specialist reports on instructions from Tan Sri Abdul Gani Patail, when he was a senior deputy public prosecutor, two of which were submitted in the RCI proceedings. The evidence of falsity remains in the findings of the RCI report."
Mat Zain also questioned whether Gani, who is now present attorney-general, would be competent to make any decision on the recommendation of the RCI that was chaired by Federal Court judge James Foong, when another fmember of the panel, Abdul Kadir Sulaiman, was the one who found the wrong-doing in Gani's conduct.
Kadir was a member of the three-person panel investigating the "black-eye" fabrication of evidence by the MACC that was levelled against former IGP Musa Hassan and Gani, which ruled that action should have been taken on Gani.
However, two other members of that panel, Mohd Nor Abdullah and Mohd Noor Ahmad, did not find Gani's conduct warranted action, thus overruling Kadir, a former Federal Court judge.
Mat Zain said if no one dared to come forward to take action for Gani (right) to face justice, then the degradation in the administration of justice, which Malaysians see today, would continue.
"It is not to excessive to say that the MACC officers may have been brave, or not ashamed about giving false testimony, for they had taken a leaf from Gani himself who is responsible for such an offence.
"However, nobody dares to take action against him (Gani)," added Mat Zain, who was the investigator in the "black eye" incident. - Malaysiakini
These three named as having played a pivotal role in driving Teoh Beng Hock to suicide. However, the RCI also made another startling revelation: that two other MACC officers - Bulkini Paharuddin and Raymond Nion (left) - lied to the RCI.Former Kuala Lumpur CID chief Mat Zain Ibrahim, who pointed out this part in the report, suggested that besides charging tHishamuddin, Anuar and Ashraf with abetment in suicide under Section 306 of the Penal Code, action be also taken against Bulkini and Raymond.
Abetment in suicide is punishable with a 10-year jail term.
In an open letter to Inspector-General of Police Ismail Omar that Mat Zain sent two days ago, he notes that it is unbecoming of civil servants to dare to commit perjury in court, and especially to ignore the powers of the RCI.
In this, the retired senior police officer referred to paragraphs 85 and 86 of the RCI report that say Bulkini "fabricated" evidence as the MACC officer did not mention in his first police report of a meeting between Teoh and businessperson Tan Boon Wah, but disclosed it three weeks later in a second report.
"The lapse of time (three weeks) renders this contention (of him seeing Teoh and Tan as witnessed by Bulkini) to be dubious. Furthermore, Bulkini had testified Teoh and Tan to be of the same height, but a picture of the two together, which was tendered, proved otherwise."We are unable to accept Bulkini's claim that his recollection of the incident and recognition of Teoh could improve with time and there were numerous contradictions in his evidence that we hold the evidence by Bulkini is unworthy of credit and should be rejected," the report states.
'Raymond Nion made a false record'
Mat Zain said Raymond had testified that he clocked out at 6:04am and punched in again on 6:05am on July 16, 2009, and this proved that he made a false note or record to "cover up" those involved in the alleged wrongdoing in Teoh's death.
Paragraphs 196 and 201 of the RCI report describe Nion's actions: "It became obvious to us that Raymond's evidence was tailored to fit certain objectives, which in this case dovetailed those of the MACC's officers responsible for Teoh's death.
"We rejected the (Raymond's) evidence as being unworthy of any weight or consideration in respect of the time he claimed to have seen Teoh at 6am on July 16, 2009," the report states.
Mat Zain said Raymond and Bulkini had committed perjury, an offence punishable with seven years' jail and a fine, and called on Ismail to act on this.
The former senior police officer expressed puzzlement and surprise that several MACC officers dared to give false evidence in such a proceeding, as if they were oblivious to committing a crime and did not know the repercussions.
"From their testimonies I can conclude that whether they were given wrong advise or they obtained certain assurances from certain people that they would not face any prosecution although this is a serious offence.
"They would not dare to give false evidence, even so in an RCI like this," Mat Zain said.The former top cop pointed out that this also took place in the 1999 RCI on the "black-eye", where he believes Dr Abdul Rahman Yusof was given such a guarantee by the then attorney-general that no action would be taken against him (Rahman).
Is Gani qualified to over-rule RCI report?
"This was despite Rahman having prepared three false specialist reports on instructions from Tan Sri Abdul Gani Patail, when he was a senior deputy public prosecutor, two of which were submitted in the RCI proceedings. The evidence of falsity remains in the findings of the RCI report."
Mat Zain also questioned whether Gani, who is now present attorney-general, would be competent to make any decision on the recommendation of the RCI that was chaired by Federal Court judge James Foong, when another fmember of the panel, Abdul Kadir Sulaiman, was the one who found the wrong-doing in Gani's conduct.
Kadir was a member of the three-person panel investigating the "black-eye" fabrication of evidence by the MACC that was levelled against former IGP Musa Hassan and Gani, which ruled that action should have been taken on Gani.However, two other members of that panel, Mohd Nor Abdullah and Mohd Noor Ahmad, did not find Gani's conduct warranted action, thus overruling Kadir, a former Federal Court judge.
Mat Zain said if no one dared to come forward to take action for Gani (right) to face justice, then the degradation in the administration of justice, which Malaysians see today, would continue.
"It is not to excessive to say that the MACC officers may have been brave, or not ashamed about giving false testimony, for they had taken a leaf from Gani himself who is responsible for such an offence.
"However, nobody dares to take action against him (Gani)," added Mat Zain, who was the investigator in the "black eye" incident. - Malaysiakini
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