Teoh Beng Hock
Encyclopedia
Teoh Beng Hock was a Malaysian journalist and political aide to Ean Yong Hian Wah, a member of the Selangor
state legislative assembly and state executive council. On 15 July 2009, the Malaysian Anti-Corruption Commission
(MACC) took Teoh into custody for questioning about allegations of corruption. Teoh was found dead the next morning on the rooftop of a building adjacent to the MACC offices. Pakatan Rakyat
leaders and a number of federal government officials have called for a Royal Commission of inquiry into Teoh's death.
Teoh was engaged to 28-year-old teacher Soh Cher Wei after a two-year courtship, and had been planning to register his marriage with her the day following his death. A photo shoot on the same day, followed by a honeymoon and wedding reception in October had also been planned. At the time of Teoh's death, Soh was two months pregnant; she told the press she intended to keep the child. National Registration Department regulations only allow a father's name to be included on the birth certificate
if he is physically present at the time of birth; after this was publicised through the press, Women, Family and Community Development Minister Shahrizat Abdul Jalil
said she would ask the NRD to look into the matter. Shahrizat also stated her ministry would assist in transferring Soh from her current school to one closer to her hometown, and look into assisting Teoh's family since he was their sole breadwinner.
Prime Minister Najib Tun Razak
later met with Teoh's family to express his condolences. Najib told them he would direct the Attorney-General and relevant government departments to look into Teoh's family's wish that his child bear the Teoh surname. On 15 August 2009, Soh completed the traditional Chinese marriage ceremonies, together with Teoh Lee Lan, Beng Hock's younger sister, acting as a proxy. Kerk Kim Hock
, a distant uncle of Teoh and the family's acting spokesperson, told the press that completion of the marriage rites now entitled Soh to have her name engraved on Teoh's gravestone as his wife.
sustained in a fall. Teoh was found dead on the fifth floor of Plaza Masalam in Shah Alam
, that also houses the Selangor
Malaysian Anti-Corruption Commission (MACC) office on the 14th floor. According to Bernama, Selangor police chief Khalid Abu Bakar said police had initially yet to rule out foul play in Teoh's death, but the case is classified as a 'sudden death'.
In October 2009, Pornthip Rojanasunand
, a Thai pathology expert, testified in the inquest by saying that there is an 80% probability that Teoh Beng Hock's death was caused by homicide. Pornthip, who is the director-general of the Thai Ministry of Justice's Central Institute of Forensic Science, went on to say that it was possible that Teoh was unconscious when he fell to his death from the office building. She also testified that Teoh could have been strangled until he lost consciousness before the fall, or blacked out from the pain due to other injuries inflicted on him.
"(Teoh's becoming unconscious) could have possibly been the result of manual strangulation, and secondly from the pain from the gluteal region. From the buttocks," said Pornthip, who is the Selangor government's expert witness.
One of Teoh's colleagues, Tan Boon Wah, later filed suit against the MACC for false imprisonment
. In the case, Tan Boon Wah v. Datuk Seri Ahmad Said Hamdan, Ketua Suruhanjaya, Suruhanjaya Pencegahan Rasuah Malaysia and Others, the High Court
ruled that because Tan was interrogated after normal working hours, he had been subject to false imprisonment, and ordered the MACC to pay him damages
. Tan's lawyer, Karpal Singh
, said that Teoh's family could also sue the MACC for damages, citing this ruling. Democratic Action Party
Parliamentary leader and former Opposition Leader Lim Kit Siang lamented that "Teoh Beng Hock would not have died if MACC had followed the law" and interrogated him during the day.
Teoh's family and others have called the MACC's version of events into question. When the investigating officer involved briefed the MACC's advisory board, several members of the board "asked why he chose to stay back. Any detainee would have ran for his life! The investigating officer replied that since Teoh wanted to stay back, he allowed it." During this briefing it also emerged that no official records of Teoh's detention or his release existed. In August, a video of men in uniform assaulting a man in their custody began circulating as a supposed video of Teoh's interrogation. The Bukit Aman federal police headquarters denied the men were police personnel. The video had previously been circulated in June as a supposed example of police interrogation techniques, ruling out the possibility of it involving Teoh. A political observer attributed the video's popularity to the government's failing to provide adequate clarification about the circumstances of Teoh's interrogation: "The authorities are shedding little light about what happened to Teoh. This allows rumour mongers to spread ridiculous things."
called the duration of Teoh's questioning "inhumane and cruel." The president of the Bar Council, K. Ragunath, said the MACC had contravened the Federal Constitution by denying Teoh legal counsel during questioning, as well as the Lockup Rules 1953, which require all detainees to be locked up between 6.30pm and 6.30am in order to rest. Ragunath called Teoh's interrogation tantamount to torture. Ean Yong's lawyer insisted that as "Teoh's movement was restricted, this amounts to an arrest," despite the MACC's insistence that Teoh was only a voluntary witness. Mohamad Ramli Manan, a senior official who retired from the Anti-Corruption Agency (before it became the MACC), agreed:
Another former ACA official, Abdul Razak Idris, disputed Ramli's view of the interrogation process, saying: "The Act provides that we can interview anytime. Investigators are supposed to work 24 hours."
In response to calls from civil society and political leaders for a Royal Commission, Deputy Prime Minister Muhyiddin Yassin
stated the Cabinet would consider setting up a Royal Commission of inquiry. Initial police findings suggested foul play was not involved in Teoh's death, but his friends and relatives insisted Teoh had not committed suicide, pointing to the fact that he was to be married, and that his fiance was pregnant. Teoh's family lawyers claimed that during questioning by the police, his family had been asked questions suggesting that they were primarily interested in "[absolving] MACC officers from liability" by pursuing the possibility of a suicide. A week after Teoh's death, his family vigorously insisted there was no possibility he had killed himself: "Teoh was joyful and had no problems at work. Teoh had no financial issues, got along well with everyone and was preparing for his wedding." One detail which seemed to strike the police was Teoh's shoes; when his body was discovered, his shoes were apparently significantly damaged and worn. Teoh's fiancee "said that Teoh had several pairs and seldom changed them unless they were damaged, but on that fateful day, he wore a new pair."
The United Malays National Organization (UMNO)-owned newspaper Berita Harian
published an op-ed by New Straits Times Press
managing editor Zainul Ariffin Isa criticising the response to Teoh's death, stating that criticisms of the MACC were an attempt to undermine Malay institutions. Zainul was particularly critical of Selangor Menteri Besar Khalid Ibrahim for his criticism of the MACC officers' handling of the case, saying it was not right for Khalid to question "those of the same race as him."
At the weekly Malaysian Cabinet meeting on July 22 following Teoh's death, the Cabinet transferred all MACC officers involved in the probe of graft allegations against the Selangor government to other assignments, pending the official police inquiry. The Cabinet also decided to establish a Royal Commission of inquiry into the MACC's interrogation procedures, but not Teoh's death, allowing the standard inquest
to pursue the matter.
Robert Phang, a member of the MACC advisory board, suggested that "Though the royal commission's scope is wide, it can be opened up further to dig deeper into issues not cleared by the inquest," such as establishing a reason for Teoh's death. Also being investigated is a mystery letter written on the letterhead of MACC, alleging MACC, Hishamuddin bin Hashim was involved with the torture of Teoh Beng Hock and former Menteri Besar Khir Toyo had prior knowledge of it.
Royal Commission of Inquiry in its conclusion has Teoh was not murdered but had committed suicide due to the aggressive interrogation tactics by three MACC officers. Teoh's family have rejected the RCI's findings and insisted that Teoh was murdered. The Bar Council of Malaysia
have also questioned the RCI's findings. A coalition of 126 NGOs have called the Commission's findings a whitewash as it did not address the concerns regarding the interrogation methods by the MACC. Prime Minister Najib Tun Razak has defended the RCI's findings and called on all quarters not to question the findings. Malay daily Utusan Malaysia which is owned by UMNO defended the MACC and says the blamed DAP for Teoh's death.
The three MACC officers involved in interrogating Teoh have been suspended pending an investigation by the police.
Selangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...
state legislative assembly and state executive council. On 15 July 2009, the Malaysian Anti-Corruption Commission
Malaysian Anti-Corruption Commission
The Malaysian Anti-Corruption Commission ' ) is a government agency in Malaysia that investigates and prosecutes corruption in the public and private sectors...
(MACC) took Teoh into custody for questioning about allegations of corruption. Teoh was found dead the next morning on the rooftop of a building adjacent to the MACC offices. Pakatan Rakyat
Pakatan Rakyat
Pakatan Rakyat or PR is an informal Malaysian political coalition. It currently controls four state governments while in opposition to the ruling Barisan Nasional at the federal level....
leaders and a number of federal government officials have called for a Royal Commission of inquiry into Teoh's death.
Family
Teoh was the third child of Teoh Leong Hwee (1953). He had an elder brother; Teoh Beng Kee 赵铭基 (1976), elder sister; Teoh Lee Jun 赵丽君 and a younger sister; Teoh Lee Lan (1980). His father was a taxi driver, and his mother, Teng Shuw Hor (1953) is a housewife.Teoh was engaged to 28-year-old teacher Soh Cher Wei after a two-year courtship, and had been planning to register his marriage with her the day following his death. A photo shoot on the same day, followed by a honeymoon and wedding reception in October had also been planned. At the time of Teoh's death, Soh was two months pregnant; she told the press she intended to keep the child. National Registration Department regulations only allow a father's name to be included on the birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
if he is physically present at the time of birth; after this was publicised through the press, Women, Family and Community Development Minister Shahrizat Abdul Jalil
Shahrizat Abdul Jalil
Datuk Seri Shahrizat Abdul Jalil is a Malaysian politician and the current Minister of Women, Family and Community Development in the Malaysian cabinet...
said she would ask the NRD to look into the matter. Shahrizat also stated her ministry would assist in transferring Soh from her current school to one closer to her hometown, and look into assisting Teoh's family since he was their sole breadwinner.
Prime Minister Najib Tun Razak
Najib Tun Razak
Dato' Sri Haji Mohd Najib bin Tun Haji Abdul Razak is the sixth, and since 2009, Prime Minister of Malaysia. He previously held the post of Deputy Prime Minister from 7 January 2004 until he succeeded Tun Abdullah Ahmad Badawi as Prime Minister on 3 April 2009. Najib is President of the United...
later met with Teoh's family to express his condolences. Najib told them he would direct the Attorney-General and relevant government departments to look into Teoh's family's wish that his child bear the Teoh surname. On 15 August 2009, Soh completed the traditional Chinese marriage ceremonies, together with Teoh Lee Lan, Beng Hock's younger sister, acting as a proxy. Kerk Kim Hock
Kerk Kim Hock
Kerk Kim Hock ; was the fourth secretary-general for Democratic Action Party , an opposition party in Malaysia. He was also a mechanical engineer by profession.-Political career:...
, a distant uncle of Teoh and the family's acting spokesperson, told the press that completion of the marriage rites now entitled Soh to have her name engraved on Teoh's gravestone as his wife.
Cause of death
The official post-mortem found that Teoh died as the result of internal injuriesInternal bleeding
Internal bleeding is bleeding occurring inside the body. It can be a serious medical emergency depending on where it occurs , and can potentially cause death and cardiac arrest if proper medical treatment is not received quickly....
sustained in a fall. Teoh was found dead on the fifth floor of Plaza Masalam in Shah Alam
Shah Alam
Shah Alam is the state capital of Selangor, Malaysia situated within the Petaling District and a small portion of the neighboring Klang District. It is located about west of the country's capital, Kuala Lumpur. Shah Alam replaced Kuala Lumpur as the capital city of the state of Selangor in 1978...
, that also houses the Selangor
Selangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...
Malaysian Anti-Corruption Commission (MACC) office on the 14th floor. According to Bernama, Selangor police chief Khalid Abu Bakar said police had initially yet to rule out foul play in Teoh's death, but the case is classified as a 'sudden death'.
In October 2009, Pornthip Rojanasunand
Pornthip Rojanasunand
Khunying Pornthip Rojanasunand, also spelled Porntip Rojanasunan, M.D. is a Thai forensic pathologist, author, human rights activist, and cancer survivor....
, a Thai pathology expert, testified in the inquest by saying that there is an 80% probability that Teoh Beng Hock's death was caused by homicide. Pornthip, who is the director-general of the Thai Ministry of Justice's Central Institute of Forensic Science, went on to say that it was possible that Teoh was unconscious when he fell to his death from the office building. She also testified that Teoh could have been strangled until he lost consciousness before the fall, or blacked out from the pain due to other injuries inflicted on him.
"(Teoh's becoming unconscious) could have possibly been the result of manual strangulation, and secondly from the pain from the gluteal region. From the buttocks," said Pornthip, who is the Selangor government's expert witness.
Sequence of events
MACC officials claimed that the interrogation had lasted for about 9 hours. According to the MACC also, Teoh was freed at 3.45am—however without proper explanation, his possessions, including his mobile phone, remained in MACC custody. MACC officials also claimed that Teoh asked to stay the night at the MACC office, and was claimed to be last seen alive around 6am. Teoh was found dead at 1.30pm later in the day. The investigation had been into allegations that Ean Yong had paid RM2,400 for flags to be used in Merdeka Day celebrations, but not taken delivery of the flags. Teoh's colleagues who had also been questioned claimed that they were put under pressure from MACC officers, including being denied access to legal counsel and food or drink. Teoh's mobile phone was still in the possession of MACC officials when he was found dead at 1.30pm despite the MACC's claims that Teoh was released at 3.45am. The mobile phone was later handed to the police for investigation.One of Teoh's colleagues, Tan Boon Wah, later filed suit against the MACC for false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
. In the case, Tan Boon Wah v. Datuk Seri Ahmad Said Hamdan, Ketua Suruhanjaya, Suruhanjaya Pencegahan Rasuah Malaysia and Others, the High Court
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
ruled that because Tan was interrogated after normal working hours, he had been subject to false imprisonment, and ordered the MACC to pay him damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
. Tan's lawyer, Karpal Singh
Karpal Singh
Karpal Singh is a Malaysian lawyer and politician, who has been the Member of Parliament for the neighbourhood of Bukit Gelugor in the state of Penang since 2004...
, said that Teoh's family could also sue the MACC for damages, citing this ruling. Democratic Action Party
Democratic Action Party
The Democratic Action Party, or DAP is a secular, multi-racial, social democratic Malaysian political party.The DAP is one of the three major opposition parties in Malaysia, along with the PKR and PAS, that are seen as electable alternatives to the Barisan Nasional coalition of parties...
Parliamentary leader and former Opposition Leader Lim Kit Siang lamented that "Teoh Beng Hock would not have died if MACC had followed the law" and interrogated him during the day.
Teoh's family and others have called the MACC's version of events into question. When the investigating officer involved briefed the MACC's advisory board, several members of the board "asked why he chose to stay back. Any detainee would have ran for his life! The investigating officer replied that since Teoh wanted to stay back, he allowed it." During this briefing it also emerged that no official records of Teoh's detention or his release existed. In August, a video of men in uniform assaulting a man in their custody began circulating as a supposed video of Teoh's interrogation. The Bukit Aman federal police headquarters denied the men were police personnel. The video had previously been circulated in June as a supposed example of police interrogation techniques, ruling out the possibility of it involving Teoh. A political observer attributed the video's popularity to the government's failing to provide adequate clarification about the circumstances of Teoh's interrogation: "The authorities are shedding little light about what happened to Teoh. This allows rumour mongers to spread ridiculous things."
Response to death
Some lawyers have argued that the law does not authorise the MACC to hold witnesses in custody, and that since Teoh was not a suspect, he should not have been held in custody. The Malaysian Human Rights CommissionHuman Rights Commission of Malaysia
The Human Rights Commission of Malaysia better known locally as Suhakam is a national human rights institution in Malaysia. It was established by the Malaysian Parliament using the Human Rights Commission of Malaysia Act 1999, Act 597, with a mandate to promote human rights education, advise on...
called the duration of Teoh's questioning "inhumane and cruel." The president of the Bar Council, K. Ragunath, said the MACC had contravened the Federal Constitution by denying Teoh legal counsel during questioning, as well as the Lockup Rules 1953, which require all detainees to be locked up between 6.30pm and 6.30am in order to rest. Ragunath called Teoh's interrogation tantamount to torture. Ean Yong's lawyer insisted that as "Teoh's movement was restricted, this amounts to an arrest," despite the MACC's insistence that Teoh was only a voluntary witness. Mohamad Ramli Manan, a senior official who retired from the Anti-Corruption Agency (before it became the MACC), agreed:
Another former ACA official, Abdul Razak Idris, disputed Ramli's view of the interrogation process, saying: "The Act provides that we can interview anytime. Investigators are supposed to work 24 hours."
In response to calls from civil society and political leaders for a Royal Commission, Deputy Prime Minister Muhyiddin Yassin
Muhyiddin Yassin
Tan Sri Muhyiddin bin Yassin is a Malaysian politician and the current Deputy Prime Minister and the Minister of Education. He is also the Deputy President of the United Malays National Organisation , the main component party of the ruling Barisan Nasional coalition.Muhyiddin grew up in the state...
stated the Cabinet would consider setting up a Royal Commission of inquiry. Initial police findings suggested foul play was not involved in Teoh's death, but his friends and relatives insisted Teoh had not committed suicide, pointing to the fact that he was to be married, and that his fiance was pregnant. Teoh's family lawyers claimed that during questioning by the police, his family had been asked questions suggesting that they were primarily interested in "[absolving] MACC officers from liability" by pursuing the possibility of a suicide. A week after Teoh's death, his family vigorously insisted there was no possibility he had killed himself: "Teoh was joyful and had no problems at work. Teoh had no financial issues, got along well with everyone and was preparing for his wedding." One detail which seemed to strike the police was Teoh's shoes; when his body was discovered, his shoes were apparently significantly damaged and worn. Teoh's fiancee "said that Teoh had several pairs and seldom changed them unless they were damaged, but on that fateful day, he wore a new pair."
The United Malays National Organization (UMNO)-owned newspaper Berita Harian
Berita Harian
Berita Harian is a major Malay language newspaper in Malaysia. Its Sunday Edition is called Berita Minggu. It was founded on 31 August 1957, which also marks the date of Malaya's independence...
published an op-ed by New Straits Times Press
New Straits Times Press
The New Straits Times Press is a Malaysian conglomerate of publishing companies, owned by Media Prima. The NSTP publishes several newspapers, including the New Straits Times, The Malay Mail, Berita Harian and Harian Metro.-Origin:...
managing editor Zainul Ariffin Isa criticising the response to Teoh's death, stating that criticisms of the MACC were an attempt to undermine Malay institutions. Zainul was particularly critical of Selangor Menteri Besar Khalid Ibrahim for his criticism of the MACC officers' handling of the case, saying it was not right for Khalid to question "those of the same race as him."
At the weekly Malaysian Cabinet meeting on July 22 following Teoh's death, the Cabinet transferred all MACC officers involved in the probe of graft allegations against the Selangor government to other assignments, pending the official police inquiry. The Cabinet also decided to establish a Royal Commission of inquiry into the MACC's interrogation procedures, but not Teoh's death, allowing the standard inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
to pursue the matter.
Royal commission of inquiry
In a joint statement, Pakatan Rakyat leaders called the Royal Commission's terms of reference insufficient, saying that the "question [of how Teoh died] cannot be separated from the more general issue of how the MACC conducts investigations." The Pakatan Rakyat statement insisted that the Commission probe the following questions:Robert Phang, a member of the MACC advisory board, suggested that "Though the royal commission's scope is wide, it can be opened up further to dig deeper into issues not cleared by the inquest," such as establishing a reason for Teoh's death. Also being investigated is a mystery letter written on the letterhead of MACC, alleging MACC, Hishamuddin bin Hashim was involved with the torture of Teoh Beng Hock and former Menteri Besar Khir Toyo had prior knowledge of it.
Royal Commission of Inquiry in its conclusion has Teoh was not murdered but had committed suicide due to the aggressive interrogation tactics by three MACC officers. Teoh's family have rejected the RCI's findings and insisted that Teoh was murdered. The Bar Council of Malaysia
Malaysian Bar
The Malaysian Bar is a professional body which regulates the profession of lawyers in peninsular Malaysia. In Malaysia, there is no distinction between a barrister and a solicitor, in that, it is a fused profession. Membership into the bar is automatic and mandatory. The bar was created under the...
have also questioned the RCI's findings. A coalition of 126 NGOs have called the Commission's findings a whitewash as it did not address the concerns regarding the interrogation methods by the MACC. Prime Minister Najib Tun Razak has defended the RCI's findings and called on all quarters not to question the findings. Malay daily Utusan Malaysia which is owned by UMNO defended the MACC and says the blamed DAP for Teoh's death.
The three MACC officers involved in interrogating Teoh have been suspended pending an investigation by the police.
See also
- Kugan AnanthanKugan AnanthanKugan Ananthan was a Royal Malaysian Police detainee who died in the police lock-up while under arrest for suspicion of car robbery. Kugan's family alleged he had been tortured to death while in police custody. His case was later classified as murder by the Attorney-General, and 11 officers at the...
- Tan Boon Wah v. Datuk Seri Ahmad Said Hamdan, Ketua Suruhanjaya, Suruhanjaya Pencegahan Rasuah Malaysia and Others
- Gunasegaran Rajasundram
- Ahmad Sarbani MohamedAhmad Sarbani MohamedAhmad Sarbani Mohamed was a Malaysian customs officer from Port Klang. On 6 April 2011, he was found dead in an open air badminton court on the first floor of the Malaysian Anti-Corruption Commission building in Kuala Lumpur. His death coincided with the MACC's investigation into allegations of...
- Royal Commission Watch