The parents of Teoh Beng Hock have filed legal action over the alleged failure of the police force to complete their investigation into the political aide’s death nearly 13 years ago.
The deceased’s father and mother, Teoh Leong Hwee and Teng Shuw Hoi, filed the judicial review leave application at the High Court in Kuala Lumpur on Jan 4 this year.
Beng Hock was found dead on July 16, 2009, on the fifth-floor service corridor of Plaza Masalam in Shah Alam, after being questioned overnight at the Selangor MACC headquarters on the 14th floor.
At the time of his death, Beng Hock was a political aide to Selangor executive councillor and DAP Seri Kembangan assemblyperson Ean Yong Hian Wah.
In 2011, a Royal Commission of Inquiry determined that Beng Hock was driven to commit suicide following aggressive questioning by the MACC.
‘Person or persons unknown’
In 2014, the Court of Appeal unanimously ruled his death was caused by the act of “person or persons unknown”, including the MACC officers who questioned him overnight before he was found dead.
According to court papers sighted by Malaysiakini, the legal action named the Inspector-General of Police (not named), the police’s Criminal Investigation Department (CID) director (not named), the Royal Malaysian Police and the government as first, second, third and fourth respondents.
In an affidavit in support of the judicial review bid, Teng contended that the police have failed to complete the investigation into her son’s death, despite the 2014 Court of Appeal decision.
She claimed that the police failed to wrap up the probe even after the matter has since been raised in both the Dewan Rakyat and Dewan Negara as well as public outcry.
She noted that the police have formed three separate task forces in 2011, 2014 and 2018 to investigate her son’s death.
Teng claimed that the last update provided by the police was through a letter dated Sept 21 last year to her lawyers from Karpal Singh & Co.
Family not updated
She alleged that the police had said that the Attorney-General’s Chambers (AGC) returned the investigation papers (IP) to them (police) for further action earlier that month, on Sept 3.
She claimed that the police since then had not updated the family with further developments on the investigation into the deceased’s death.
“From the facts above, I am advised by my lawyers, whose advice I believe to be accurate and true, that it is clear the investigation by the first, second and third respondents are not sufficient and/or competent, and thus the Attorney-General’s Chambers repeatedly sending back the investigation papers to the first, second and third respondents, for further investigation and/or direction,” Teng contended.
The deceased’s mother claimed that the police’s repeated classification of the matter as ‘NFA’ (No Further Action) is unreasonable in light of not only the authorities’ resources but due to the Court of Appeal’s summation.
She then quoted the Appeal Court’s finding: “The strong, compelling evidence of the pre-fall injury pointed to some unlawful act/assault by a person, or persons, unknown. The failure by the magistrate and the judge to properly evaluate the conduct of the MACC officers concerned and the evidence of the conduct to allegedly cover-up led to a serious miscarriage of justice”.
Probe not transparent
Teng contended that the police probe into her son’s death is not a transparent one and can be perceived as an attempt to cover up the truth behind the incident.
She claimed this is especially due to the police having in their possession the statements recorded from the MACC officers who were suspended from duty at the material time.
“I have been advised by my lawyers, whose advice I believe to be accurate and true, that the period of nearly 12 years to wrap up investigation by the first, second and third respondents, is unreasonable and malicious,” Teng contended.
Through the judicial review, Beng Hock’s parents seek a mandamus order to compel the IGP to complete the investigation into his death within one month of the judgment of the High Court (if it allows the legal action).
Several declarations
The two applicants also seek several declarations, among them that the first, second and third respondents were negligent in violating their duty of care to the parents to complete the probe within a reasonable time.
According to a court filing dated Jan 26, the cause papers have been served on all the respondents 14 days earlier.
Checks on the online cause list showed that the judicial review leave application is fixed for hearing before judge Noorin Badaruddin in the High Court in Kuala Lumpur on June 16.
The AGC is acting for all four respondents targeted by the legal action. - Mkini
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