Family of Teoh Beng Hock withdraws from RCI Tan Yi Liang

Family of Teoh Beng Hock withdraws from RCI
Tan Yi Liang

newsdesk@thesundaily.com

KUALA LUMPUR (Feb 16, 2011): The family of Teoh Beng Hock has withdrawn from the Royal Commission of Inquiry (RCI) investigating the political aide's death on July 16, 2009.

The decision was made after RCI chairman Tan Sri James Foong denied a request by Teoh family lawyer Karpal Singh to hold off the inquiry until a judicial review was completed.

Media representatives and the public follow the hearing
from the video broadcast.
"We will not participate because we do not wish to lend credence to these proceedings," said Karpal who informed the commission of the family’s decision after a short recess.

The review, which was filed by the family this morning, seeks to challenge the appointment of three deputy public prosecutors (DPPs) and one senior federal counsel as conducting officers.

The two DPPs are Awang Armadajaya Awang Mahmud and Kwan Li Sa, and the senior federal counsel is Amarjeet Singh.

In submissions before the commission, Karpal asked for time to have the matter heard. "We will go now, see the registrar, see the judge and have the matter heard by Friday," he said.

However, this was refuted by Datuk Seri Mohd Shafee Abdullah, who is acting for the Malaysian Anti-Corruption Commission (MACC).

Mohd Shafee argued that any postponement would delay the inquiry, and that an appeal was sure to happen regardless of which party won the judicial review.

He said such hearings would push the commission’s hearings back by up to three months, and that any evidence in question could be disqualified should the High Court allow a review.

Karpal had also submitted that Foong should recuse himself as he was a sitting judge, arguing that the commission should comprise independent members.

"There has always been a retired judge as chairman and that ought to be the position. That matter is compounded in our case as Mr Chairman is a sitting Federal Court judge," he said.

This too was challenged by Mohd Shafee, who cited authorities showing that in previous British Royal Commissions of Inquiry, Law Lords had sat as panelists and chairmen.

The panel ultimately unanimously decided against Karpal's second application.

"We find no basis to support the contention of my recusal. There is no nexus between my position as chairman and as a sitting Federal Court judge for my recusal," said Foong.

Foong, who heard submissions along with other commissioners later set down certain procedural practices with regards to witnesses.

"We shall hear evidence of all material witnesses whether they testified in the inquest, as part of the best evidence rule," said Foong, who added that the commission wanted to assess the demeanor of witnesses.

Among other ground rules proposed, Foong asked for counsel to suggest witnesses and point out deficiencies and evidence in the inquest.

He also said that the commissioners and legal teams would be leaving the Duta Court Complex here at 9.10am to visit Plaza Masalam before hearing resumed at 2.30pm tomorrow.

Speaking to reporters after his departure, Karpal said that he had received instructions from the family to withdraw and "go ahead with the revision that is coming up".

"We will of course attend the revision proceedings because it appears that there, the attorney-general wants a verdict of suicide, and we think this is indefensible," added Karpal.

Karpal, who said that the commission was effectively an "inferior tribunal" due to the revision told media that the family would not be proceeding with the judicial review.

"The proceedings are being rushed for reasons best known to the commission," he added, speaking of the proceedings in the Shah Alam courts.

"The A-G has refused to withdraw the proceedings in Shah Alam. Had they done so, we would have gone on with this. This is why we don’t want to lend legitimacy to this enquiry," said Karpal.

"The A-G can’t have it both ways. In the revision, he wants a verdict of suicide and what is his position here. Those participating are from the A-G’s Chambers," he added.