LIVE : Inkues kematian Teoh Beng Hock 28/08/09

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12.33 pm : Coroner’s court adjourns until Sept 8.

12.30 pm : Gobind says he personally interviewed complainant & he has more than 1 police report detailing MACC abuse.

12.28 pm : Abdul Razak objects. Selangor’s Malik says pathologist never discounted that Teoh may have been assaulted.

12.26 pm : MACC’s Abdul Razak says allowing the evidence will open a floodgate.

12.25 pm : Gobind tells court that police report indicates abuse, blindfolding, kicking, abusing of genitalia.

12.20 pm : Gobind tells coroner that he has before him a police report which details how witnesses and suspects were tortured by MACC officers at 14th floor of Plaza Masalam. Gobinds says among forms of abuse listed in the report are repeated slapping to the face, blindfolding, asking the witness to strip, wrapping a steel rod with newspaper and using it to hit stomach, arms and legs.

12.19 pm : Witness Ashraf says he understands & knows his choices.

12.17 pm : AG’s Tan says witness should be given opportunity to get counsel.

12.15 pm : Coroner says he wants to be fair to the MACC.

12.13 pm : Coroner advises witness of his right, he has a choice of not answering the question. Coroner addresses Ashraf and says that he will be asked incriminating questions and he has the option not to answer them.

12.10 pm : AG’s Tan says Teoh family has right to pursue line of questioning but in fairness to witness, he wasn’t named in the police report

12.09 pm : Gobind says he leaves it to coroner to decide. Gobind says he is prepared to proceed.

12.08 pm : Tan Hock Chuan says the documents just submitted details a case that is entirely separate from the inquest. 

12.07 pm : Coroner reads police report while Gobind wants to read it to the witness, Ashraf.

12.05 pm : Coroner says witness has right not to self-incriminate, considering whether police report should be read in inquest.

12.04 pm : Coroner is going through the documents Gobind gave, with photos of injuries and report of abuse.

12.03 pm : Gobind says victim who lodged report will testify at later date, identifying the officers involved & details of torture he endured. Gobind adds he will present the police report detailing the incident and photos of the injuries. The witness will identify the MACC involved. However, Gobind cannot reveal the name of the witness for now because of security.

12.02 pm : Gobind reads police report lodged by witness in a separate case.

11.57 am : Gobind suggests to Ashraf there are police reports lodged against him for physical & psychological torture. Ashraf disagrees.

11.55 am : Gobind: Do you know there are police reports alleging torture and abuse by you?

Ashraf: I do not know about the reports.

Gobind: But you do know what happened, didn’t you?

Ashraf: I disagree, Your Honour.

11.54 am : Ashraf maintains that he did not hear any shouting after numerous questions from Gobind.

11.53 am : War of words between Razak and Gobind

11.48 am : Abdul Razak asks, “Why you cross like hell?”

11.45 am : Razak & Gobind argue over cross-examination, Gobind accuses Razak of trying to give answers to the witness.

11.42 am : Gobind asks witness if he tortured Teoh, Abdul Razak objects as lawyer continues with questioning. Ashraf tells the court that he did not hear any shouting. Gobind thunders, “So, who is lying? Bulkani or you?” Razak gets up to object.

11.41 am : Coroner tells Gobind not to repeat the suggestion.

11.40 am : Gobind suggests to Ashraf that he stayed back at MACC office until 5am to torture Teoh. Before Ashraf can answer, Razak gets up to object.

11.35 am : Coroner says people are entitled to their opinions & what they do outside is beyond the court’s control.

11.34 am : Coroner says he cannot impose a gag order on anyone.

11.31 am : Gobind says blanket order is illegal.

11.30 am : Abdul Razak was speaking on Ean Yong Hian Wah’s press conference, Gobind says Razak started it by putting evidence implicating DAP.

Abdul Razak Musa, representing MACC, tells coroner the Teoh Inquest has been politicised with press conferences held outside courtroom.

11.27 am : Selangor lawyer Malik Imtiaz Sarwar says it should not be a blanket ruling. Coroner says the court proceedings are recorded and available for viewing on the Attorney-General’s website. “I don’t see how the court can stop (halang) anyone who wants to make comments outside courtroom. The statements made inside the courtroom are what matters. It is people’s opinions versus other people’s opinions. If you want to see what happens inside court, you can see the recording on website. We are dealing with many theories here. We limit ourselves to what happens here (courtroom). What happens outside is beyond our control.”

11.25 am : MACC legal director Abdul Razak Musa asks coroner to prevent inquest from being politicised.

11:24am: Gobind says if Razak had followed the agreement and confined questioning to the four documents from Teoh’s laptop, press conferences like what Ean Yong had given would not happen. Gobind says Ean Yong was forced to give the press conference to defend himself and DAP after Razak made the allegations against DAP.

10:37am: Gobind asks for a short break. Court in recess.

10:35am: Ashraf say that he did not see anyone while on his way to the pantry to get water for Teoh. There was also no one in the pantry.

10:30am: Gobind suggests that in that two hours, Ashraf had the opportunity to use force on Teoh. Ashraf disagrees.

10.28 am : Gobind ticks off Ashraf for smiling while testifying.

 10.25 am : Ashraf says there was no opportunity to use force on Teoh.

10:24am: Gobind: You were asked to shake him up, to break him down.

Ashraf pauses momentarily. He then answers, “It is like to ask a person until you get a correct answer.”

10:15am: Ashraf received the order to interview Teoh at 9.40pm on July 15.

10.14 am : Ashraf says orders to quiz Teoh was given at 9.40pm & he waited until 10.40pm before starting.

10.10 am : Ashraf says not unusual to question witnesses at 10.40pm or even 3.3am if they want to cooperate.

10.08 am : Ashraf claims Teoh interview was not an interrogation but admits they questioned him for 2 hours.

10:05am: Ashraf maintains that he did not question Teoh.

Gobind: You didn’t ask him? Not a question at all?

Ashraf: No.

Gobind: Then, who reported back to Hairul Ilham?

Ashraf: Arman Alies.

Gobind: You earlier said you reported back to Hairul Ilham. Are you lying?

Ashraf: I was with Arman when he reported to Hairul Ilham.

10.02 am : Ashraf earlier claimed he was involved in questioning, now says other MACC officers questioned Teoh.

10:01am: Gobind asks, “But you said Teoh couldn’t answer questions. Wouldn’t questioning him be an interrogation?” Ashraf said the questions came from Arman Alies and not him. The questions were regarding claim vouchers by Teoh’s boss, Selangot exco Ean Yong Hian Wah.

10:00am: Ashraf says he did not “interrogate” Teoh. He merely “interviewed” Teoh in the meeting room.

9.58 am : Ashraf says he never learnt how to interrogate suspects.

09:57am: To a question, Ashraf tells court he has never heard of the word “oppression”.

09:54am: Among the investigation techniques Ashraf has learnt is how to mark investigation papers, how to compile witness statement according to significance and flow. However, he told Gobind that he was not taught interrogation techniques on witnesses.

09:51am: Ashraf said before joining the MACC, he had a six-month stint at Pulapol (police training centre) in Ayer Itam.

09:49am: Gobind Singh Deo, representing Teoh’s family, is questioning Ashraf.

9.47 am : Gobind questions Ashraf on investigating procedures he learnt during training.

09:46am: Ashraf says he last saw Teoh when he gave Teoh the glass of water. He did not see anyone with Teoh at the couch when he gave water to Teoh.

09:45am: Ashraf’s image recorded on CCTV leaving MACC office through lobby at 5.12am.

09:42am: Ashraf left MACC office at 5.06am, July 16. He clocked out with his punch card when he left.

09:40am: Ashraf got out of his room and saw Teoh on the couch. He did not speak to Teoh. Teoh had asked for water. Ashraf took a glass of water from the pantry and brought it to Teoh.

09:35am: Ashraf saw Teoh lying on the couch in the waiting area (ruang tamu) of the investigation division at 4.45am on July 16.

09:29am: Ashraf tells coroner’s court the interview, conducted with another MACC officer Arman Alies, lasted from 10.40pm to 12.40am on July 16 in MACC office at Plaza Masalam. He said Teoh was generally co-operative although there were a few questions he could not answer.

09:25am: Tan Hock Chuan, acting for the Attorney-General, is questioning Ashraf. Ashraf said he received orders from superior Hairul Ilham Hamzah, to assist investigating officer Mohd Anuar Ismail to interview a witness, Teoh Beng Hock.

09:23am: 19th witness, Mohd Ashraf Mohd Yunus, 25, a Selangor Malaysian Anti-Corruption Commission officer, takes the stand.

09:20am: Day 16 of inquest begins

Yesterday wraps up

A Selangor Malaysian Anti-Corruption Commission (MACC) officer testified that he did not hear people arguing at his office toilet on July 16 – the day Teoh Beng Hock’s body was found.

Mohd Najeib Ahmad Walad, the state MACC assistant enforcement officer, told the inquest into Teoh’s death that he was at the office until 2.30am on that day and the atmosphere had been calm.

His testimony clearly contradicted that of his superior officer Mohd Nasir Ismail on Wednesday that Teoh and Kajang Municipal Council councillor Tan Boon Hwa had apparently argued.

Mohd Najeib: “Teoh appeared troubled while waiting to be questioned at one of the MACC office lounges.”

Mohd Nasir, who is the investigating officer of the case, had testified that his colleague Bulkini Paharudin told him Teoh had an argument with Tan at the men’s room at 2am that day.

Teoh, who is the political aide to Selangor executive councillor Ean Yong Hian Wah, was taken to the MACC office on the 14th floor of Plaza Masalam here on July 15 to be questioned over alleged irregular disbursement of state funds. He was found dead on the fifth floor the next day.

Mohd Najeib told coroner Azmil Muntapha Abas that Teoh looked uncomfortable and worried when MACC officers paid Ean Yong’s office an impromptu visit on July 15.

Teoh, he said, also appeared troubled while waiting to be questioned at one of the MACC office’s lounge areas.

Questioned by Gobind Singh Deo, who is holding a watching brief for Teoh’s family, on how he knew that Teoh was worried, he said: “From his body language and facial expression. He was uncomfortable with the MACC officers.”

Gobind: So, if given a chance, he would have left?

Mohd Najeib: I don’t know.

On whether he had asked Teoh why he looked uncomfortable, Mohd Najeib replied he did not care and that it was probably due to his mood that day.

However, he said he would have attended to Teoh if he had complained about something to him.

Asked if force was usually used against those under questioning, he said: “As far as I know, no”.

Gobind: So, are you saying there may be but you don’t know?

Mohd Najeib: Yes.

Replying to counsel holding a watching brief for Ean Yong, Salim Bashir, he agreed that he and his colleagues had not obtained a search warrant before going to the executive councillor’s office.

Salim: Do you agree that it would make them uncomfortable, as they were not prepared to welcome the MACC?

Mohd Najeib: No.

He also said there were no verification documents to prove that several invoices printed by him had come from Teoh’s laptop.

There was no standing order or procedure when checking computers during investigations, he added.

Replying to Gobind earlier, Mohd Najeib admitted he did not remember the password to Teoh’s laptop.

Teoh, he said, had typed in the password himself and had only given him the password to access the CPU seized from his office.

Gobind: So, now if you want to go back to the laptop, you can’t?

Mohd Najeib: I can’t.

The inquest continues today.

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