Poison pen letter fit for trash bin, says MACC’s lawyer

The Malay Mail

POLICE investigations into the “mystery letter” that caused the Teoh Beng Hock death inquest to be adjourned last week have concluded that four out of five allegations in the letter cannot be proven.

Counsel Tan Hock Chuan, appointed by the Attorney-General’s Chambers to assist in the inquest, told the hearing yesterday that allegations not proven or supported in the unsigned letter dated Aug 5, said to be from
Malaysian Anti Corruption Commission officers, are:

● That MACC’s Selangor deputy director (Hishamuddin Hashim) had instructed MACC officers involved in the case to not include him;

● The MACC Selangor deputy director had his own style of questioning.

● The MACC Selangor deputy director had given his DNA swab in his own room and not in a meeting room like the other MACC officers.

● That the same deputy director had instructed his officers to wipe off fingerprint marks from a window on the 14th floor. Tan said the only part of the letter that could be proven was that the MACC Selangor deputy director had not clocked out on the morning of July 16.

“Parties can question him later when he is called up. But the coroner should take note of the CCTV video evidence, which showed him leaving the building at 6.26am on July 16.”

Tan has no plan to bring up other contents of the letter, which he said were not related to the inquest.

On allegations that the deputy director had given his DNA sample in a separate room, Tan said Dr Seah Lay Hong of the Malaysian Chemistry Department refuted it as she was present when the samples of all officers involved were taken.

Tan said fresh samples had been taken from 12 individuals, including the MACC Selangor deputy director, which was witnessed by Dr Seah — and they were exact matches with the DNA samples taken earlier.

He said the swab tests taken from the 12 people, including the MACC Selangor deputy director, did not match with that of the unknown male contributor found on Teoh.

Dr Seah in her testimony earlier said she conducted a swab test on Teoh’s belt and the DNA profile derived from the swab taken at the tear region of the belt consisted of a mixture of male DNA types belonging to Teoh, one unknown male individual and at least another unknown male contributor.

Gobind Singh Deo, who is holding the watching brief for Teoh’s family, said the explanation should come from the investigation officer, not from Tan.

“I have the right to cross-examine the investigating officer, who must give evidence on this and the inquest should not make any conclusion. Some things we can say are true. But Dr Prashant (pathologist from the University Malaya Medical Centre) had said there is evidence of disturbance at the window. This letter contains very damning information,” Gobind said.

Deputy public prosecutor Datuk Abdul Razak Musa, who is holding a watching brief for MACC, said MACC’s stand was that the mystery letter is a poison letter and it should not be entertained.

“In the past, such poison letters were put into the trash immediately,” Razak said.

Tan said the letter should not be marked as an exhibit but be kept in the court file. Coroner Azmil Muntapha Abas later decided that the letter would not be marked as an exhibit.

“In due course, I think when witnesses are questioned and there is evidence to show that the letter is relevant to the case, it would then be marked. For now, it will not be marked,” Azmil said.