The family of the late Teoh Beng Hock has filed a judicial review to compel authorities to investigate the political aide’s death as a murder case, challenging what they described as the police’s use of an “incorrect” and lesser offence in the probe.
Lawyer Lim Wei Jiet said the move follows confirmation from the police in January that previous investigations into Beng Hock’s death were conducted under Section 342 of the Penal Code for wrongful confinement.
Those investigations were ultimately classified as no further action (NFA) in May last year.
“We believe that the investigation under ‘wrongful confinement’ has no correlation to Beng Hock’s death, which is the main grievance all of us are here for today.
“A wrongful confinement offence is a ‘deprivation of liberty’ offence. It's not a ‘deprivation of life’ offence, which is what the late Beng Hock’s case is about,” Lim said during a press conference at the Kuala Lumpur and Selangor Chinese Assembly Hall today.
The application seeks a court declaration that the authorities have a legal duty to investigate the case under sections 302 or 304 of the Penal Code, which relate to murder and culpable homicide, respectively.
It also includes a request for a mandamus order to compel the police and relevant authorities to carry out such investigations.
Five respondents were named in the application, namely the government, the attorney-general, the Royal Malaysia Police, the inspector-general of police, and the Criminal Investigation Department director.
The application for leave was filed on April 16 and is expected to be heard at the Kuala Lumpur High Court on May 18.
17 years of seeking answers
In 2009, Beng Hock - then an aide to Selangor state executive councillor Ean Yong Hian Wah - was found dead after overnight questioning at the Selangor MACC office, then based at Plaza Masalam in Shah Alam.
A 2011 royal commission of inquiry concluded he had been driven to suicide by aggressive interrogation.
However, the Court of Appeal ruled in 2014 that his death was caused or accelerated by unlawful acts, including those of MACC officers.
On Nov 21, 2024, the Kuala Lumpur High Court ordered the police to complete the investigation into Beng Hock’s death within six months.
The Attorney-General’s Chambers later ultimately classified the case as NFA.
Expressing her frustration, Beng Hock’s sister, Lee Lan, who was also at the press conference today, said the family could not accept the outcome after nearly two decades of seeking justice.
“This is really disappointing in the sense that the police cannot perform their duties correctly and rightfully to investigate the death of a citizen.
“We want to ask the IGP, why the wrong (provisions of the) penal code to investigate (Beng Hock’s death)?” she asked.
She urged members of the public to show support by attending the upcoming court proceedings.
“We hope that the people can attend the judicial review application on May 18, 9am at the Kuala Lumpur court to support us,” she added. - Mkini
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