Monday, July 4, 2022

High Court grants Teoh Beng Hock’s parents leave for judicial review against police

Case management will be held on June 30.

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The Kuala Lumpur High Court today granted leave to the parents of the late Teoh Beng Hock to initiate judicial review proceedings for the police to complete the investigations into their son’s death almost 13 years ago.

This was after judge Noorin Badaruddin dismissed the Attorney-General’s Chambers’ (AGC) objection to the application submitted by Beng Hock’s parents, Teoh Leong Hwee, 74, and Teng Shuw Hoi, 69.

Noorin also fixed June 30 for case management.

The proceedings today involved senior federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly as well as federal counsel Mohammad Sallehuddin Md Ali from the AGC, acting on behalf of the inspector-general of police, the Criminal Investigation Department director, the police and the government as the first to fourth respondents.

Beng Hock’s parents were represented by lawyers Ramkarpal Singh, Harshaan Zamani and Simranjit Kaur.

In the application filed on Jan 4, the couple sought a declaration that a failure on the part of the first, second and third respondents to complete investigations into their son’s death within a reasonable period of time had violated Section 20 (3) of the Police Act 1967.

They also sought a declaration that the police had committed negligence and attempted to deny the applicants’ constitutional rights as stated under Article 8 of the Federal Constitution, and applied for a mandamus order for the first respondent – the IGP – to complete the investigation into Beng Hock’s death within a month’s time from the date the verdict is delivered.

The application was filed on the grounds that although three special task forces were set up to investigate the cause of their son’s death, the investigation was found to be incomplete, based on a letter from the second respondent dated Sept 21, 2021, which stated that the AGC had returned the investigation papers to the IGP on Sept 3, 2021.

According to the applicants, the investigation papers were repeatedly returned to the first, second and third respondents by the AGC for further investigation.

Beng Hock was found sprawled on the fifth floor landing of Plaza Masalam in Shah Alam on the morning of July 16, 2009, after giving a statement at the Malaysian Anti-Corruption Commission office on the 14th floor of the building.

He was the political secretary to the then Selangor state cxecutive Councillor Ean Yong Hian Wah, who is also Seri Kembangan assemblyman.

On Jan 5, 2011, the Shah Alam Coroner’s Court ruled that Beng Hock’s death in 2009 was not due to suicide or murder or third party involvement, while the royal commission of inquiry into Beng Hock’s death on July 21, 2011, established that he had committed suicide.

On Sept 5, 2014, the Court of Appeal overturned the open verdict on the death of Beng Hock and ruled that his death had resulted from an unlawful act by a person or persons unknown.

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