PUTRAJAYA: The Court of Appeal has ruled that the evidence of a witness, T. Sivanesan, who alleged that he was abused and tortured by a group of Malaysian AntiCorruption Commission (MACC) officers, was relevant in determining the cause of Teoh Beng Hock’s death.
Justice Datuk Suriyadi Halim Omar, who sat with justices Datuk Hasan Lah and Datuk Ahmad Maarop, held on Wednesday, that there was a connection between Sivanesan’s testimony and the political aide’s death as the two incidents involved the same entity (the MACC) at the same building.
“We can see the connection, and there is a propensity that the MACC may be involved, whether you like it or not, the incidents had happened at the same building, involving the same entity, so isn’t there a connection?
“The purpose of the inquest is to find the deceased’s cause of death. To the coroner, he must investigate what is the cause of death. Give him a chance (to do so)” Suriyadi said in dismissing the appeal by the MACC against the High Court’s decision not to expunge Sivanesan’s testimony.
Teoh, 30, a political aide to Selangor state executive councillor Ean Yong Hian Wah, was found dead on July 16 on the fifth floor corridor of Plaza Masalam, Shah Alam, where the MACC office is located, after having given a statement as a witness to the MACC over allegations of misuse of funds by Selangor state executive councillors.
During the inquest on Sept 9, Coroner Azmil Muntapha Abas ruled that the police report lodged by Sivanesan dated Sept 11 last year, alleging that he was abused and tortured by MACC officers, was relevant to assist the inquest in determining the cause of Teoh’s death.
He then allowed Sivanesan to testify and accepted the police report together with a set of photographs of the alleged injuries which were tendered in court.
Sivanesan, 23, an assistant manager with Kuantan-based Puncak Rezeki Makmur Sdn Bhd, had testified that he was punched all over the body while his genitals were “whipped” with an iron rod wrapped in newspapers by an MACC officer known as Ashraf.
Dissatisfied with the coroner’s ruling, the MACC, represented by counsel Datuk Abdul Razak Musa, filed for a revision by the High Court but it was dismissed on Sept 10 by Judicial Commissioner Datin Yeoh Wee Siam who held that there was nothing illegal, incorrect or improper in the coroner allowing Sivanesan to testify at the inquest.
Deputy public prosecutor Manoj Kurup, for the MACC, in his second attempt to set aside Sivanesan’s evidence on Wednesday, contended that the purpose of Sivanesan’s testimony was merely to tarnish the image of the MACC.
He also submitted that the High Court judge had erred in holding that a nexus could exist between what happened to Sivanesan and what might have happened to Teoh.
At this juncture, Suriyadi said: “The idea that the witness’s testimony was to taint the MACC’s image was just your speculation, assessment and opinion. You have to show us if there was an illegality in the procedure or process of making the decision. Was there any error in the process?”
Manoj replied: “The whole process was correct. It is just the decision (that we are challenging).
“In an inquest, the rules will not be followed strictly. We must have an open mind to find the cause of death. The death had occurred at your (MACC) building. The other side is trying to show that there is propensity of MACC involvement,” Suriyadi said.
The court then dismissed the appeal without hearing from counsel Gobind Singh Deo, for Teoh’s family.
Also appearing with Manoj was counsel Datuk Abdul Razak Musa, while counsel Malik Imtiaz Sarwar acted for the Selangor government.
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