Teoh inquest: MACC abuse complainant to testify Wednesday

In allowing the police report, Azmil said that some facts were "somewhat relevant" to the inquest but restricted the scope of questioning to three matters, namely whether the said interrogation took place, whether force was used and if Ashraf (pic above) was involved in the interrogations, if any.

Written by Chua Sue-Ann, The Edge   

The inquest into political secretary Teoh Beng Hock's death will on Wednesday hear evidence from a complainant who had filed a police report alleging abuse by the Selangor Malaysian Anti-Corruption Commission (MACC).

Coroner Azmil Muntapha Abas allowed the witness after lawyers argued at length today on the admissibility and relevance of the police report in the inquest. The lawyers wanted to challenge anti-graft officers' earlier testimonies that no force was used in their interrogations.

On Aug 28, the Teoh family's counsel Gobind Singh Deo produced a police report in which the complainant alleged physical and psychological abuses at MACC's Selangor office at Plaza Masalam here.

Among the claims were that the complainant had been blindfolded, stripped, repeatedly slapped and beaten with an iron rod by MACC officers.

MACC legal affairs and prosecutions director Datuk Abdul Razak Musa, who obtained a copy of the police report today, objected to admitting the police report dated Sept 11, 2008, which he said was not relevant as it was filed almost a year ago.

Abdul Razak, who is holding a watching brief for MACC officers, attempted to cast doubt on the police report by noting it appeared as if the statement was prepared prior to it being lodged and sought to expunge Gobind's earlier explanation of the police report.

The inquest's 19th witness, Selangor MACC officer Mohd Ashraf Mohd Yunus, was not named in the police report and had not been subject to any police investigation for alleged abuse, Abdul Razak said.

Abdul Razak also pointed out that the complainant was a suspect in MACC's investigations whereas Teoh was merely a witness in Selangor MACC's probe into alleged abuse of state allocations.

Teoh, a political secretary of Selangor state executive council member Ean Yong Hian Wah, was found dead on July 16 on a fifth-floor landing next to Plaza Masalam's tower block, which houses MACC's office on the 14th floor.

In reply, Gobind said the police report "implicate(d)" Ashraf and Gobind was giving the MACC officer an opportunity to answer the allegations.

"Why the fear? If you did not do it, say you did not do it. I think this fear spells a thousand words. I think it establishes our point that MACC has something to hide," Gobind said, to which Abdul Razak disagreed.

Gobind also requested that the court record Abdul Razak's pledge to not raise complaints that MACC officers were not given an opportunity to defend themselves against the allegations.

Gobind said the complainant stated in the police report that he was brought to a room with 10 MACC officers when he was interrogated at the state office on Sept 6, 2008.

Criminal lawyer Tan Hock Chuan, who is leading the Attorney-General's team, then told the coroner that "some latitude" should be given to determine the veracity of the allegations but urged counsels to exercise restraint when questioning witnesses.

In allowing the police report, Azmil said that some facts were "somewhat relevant" to the inquest but restricted the scope of questioning to three matters, namely whether the said interrogation took place, whether force was used and if Ashraf was involved in the interrogations, if any.

During cross-examination today, Ashraf said Teoh did not speak much during questioning by MACC officers, merely nodding or muttering "Mm hmm" when quizzed on several documents.

Ashraf also said that he did not use force or shout at Teoh during questioning.

Earlier, Gobind told the court it was his duty to point out discrepancies in witness denials that MACC used force on its witnesses.

"All the officers come here and deny (that force was used). I expect them to deny it. The reason we are here is because all these have denied it.
 
"We submit this court should not just accept the evidence of the MACC officers. We will show this could not have been a suicide, no way," Gobind said.

Selangor state government's counsel Malik Imtiaz Sarwar, in supporting Gobind's position, added that Gobind's attempts were "not a stab in the dark".

"As much as we find it unpalatable to say, MACC is a suspect… If we don't inquire we won't find out who was involved," Malik said.