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Monday, July 10, 2023

Court sets Oct 16 for judicial review hearing over Beng Hock's death

The High Court in Kuala Lumpur has set Oct 16 to hear a judicial review by Teoh Beng Hock’s parents to compel the police to wrap up the long-standing investigation into his death nearly 14 years ago.

The civil court set the new hearing date during case management earlier today.

Initially set to be heard on June 6, the date was changed as Judge Amarjeet Singh had to recuse himself from the matter due to his previous involvement as a representative of the Attorney-General’s Chambers (AGC) involved in a royal commission of inquiry into Beng Hock's death.

When contacted, AGC’s senior federal counsel Ahmad Hanir Hambaly @ Arwi confirmed the new date to hear the merits of the judicial review. Hanir is acting for the government.

Counsel Sangeet Kaur Deo, who is acting for the two judicial review applicants in the matter namely the deceased’s father Teoh Leong Hwee and mother Teng Shuw Hoi, also confirmed that the legal action will be heard via Zoom before Judge Wan Ahmad Farid Wan Salleh on Oct 16.

On June 16 last year, the civil court granted leave to the deceased’s parents to proceed with the judicial review.

On Jan 4 last year, Beng Hock’s parents filed the legal action over the alleged failure of the police force to complete their investigation into the political aide’s death.

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.

Public outcry

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, an RCI determined that Beng Hock was driven to commit suicide following MACC’s aggressive questioning.

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.

In an affidavit in support of the judicial review bid, Teng contended, among others, that the police 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 was raised in both the Dewan Rakyat and Dewan Negara as well as public outcry.

She alleged that the police had since then not updated the family with further developments on the investigation into the deceased’s death, despite three separate task forces being formed in 2011, 2014, and 2018.

Teng further contended that the police probe into her son’s death was not a transparent one and can be perceived as an attempt to cover up the truth behind the incident.

Through the judicial review, Beng Hock’s parents sought a mandamus order to compel the inspector-general of police (IGP) to complete the investigation into his death within one month of the judgment of the High Court (if it allows the legal action).

The parents were also seeking several declarations, among them that the IGP, the Criminal Investigation Division director, and the police force were negligent in violating their duty of care to the parents to complete the probe within a reasonable time. - Mkini

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