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

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1.44 pm : Court adjourns to 9am Thursday.

1.43 pm : Pathologist to show relevance of Teoh’s injuries to head, face and anal region to theory of pre-fall assault.

1.41 pm : Malik Imtiaz tells court state plans to bring in Thai pathologist to testify.

1.38 pm : Abdul Razak tells court he has filed to Shah Alam High Court for a review of magistrate’s order to proceed with complainant.

1.35pm: Questioning ends. Sivanesan gets up and seats with family at the public gallery.

1.31 pm : Tears on front crotch area, bottom part and top right at the back near the waist band.

1.30 pm : Witness pulls out white briefs from his pants pocket. Wrapped in orange plastic bag.

1.27 pm : Magistrate asked if Gobind had photo evidence. Gobind says he has the actual underwear.

1.26 pm : Gobind asks to show magistrate damage to witness’s underwear as a result of assault.

1.24 pm : Sivanesan tells court the beating stopped after he admitted. He admitted because he was in pain.

1.23 pm : Adds that during his assault he heard one MACC officer tell another the deputy director had given permission for the assault.

Sivanesan complained to Suaram, police, Suhakam and to (Datuk) T. Murugiah at the Public Complaints Bureau.

He said as far as he knows, only the bureau investigated the matter.

1.20 pm : Says he had to strip down to underwear. Caned on his private parts by Ashraf who called him Pukimak Keling Hitam. Sivanesan stands up and shows to court a torn underwear he wore when he was beaten at his private parts.

1.19 pm : He names several officers out of some 15: Ashraf, Hairul Nizam, Mohan,

1.18 pm : At Level 14 Plaza Masalam he was beaten, punched and slapped all over including his private parts.

1.17 pm : Witness says he was taken in by MACC on Sept 4 last year for four days.

1.15 pm : Sivanesan said he was detained at the Selangor MACC office at Plaza Masalam from Sept 4 to 9 in 2008.

He said he was treated for injuries sustained at head, kidneys and private parts at Hospital Tengku Ampuan Rahimah.

12.50 pm: Sivanasan said he was asked to strip to his under garments.

He said Ashraf then started to kick, punch and slap him repeatedly while he was handcuffed.

He added that his ankles were also handcuffed after he became more aggressive when expletives touching on race were uttered.

12.47 pm: Sivanasan says he was taken to MACC office. He saw an officer wearing glasses wrapping a steel rod with newspaper.

The steel rod, he said, is the one seen on ceilings of buildings under construction.

The officer, he said, then put the rod down and slapped sivanasan’s cheek saying: “You ni keras kepala” (You are stubborn).

12.38 pm : Gobind introduces to the court the complainant — Sivanesan Tanggavelu.

T. Sivanasan, 23, takes the stand as the 20th witness in the inquest.

Questioned by Gobind, he says three men known only as Zulkifli, Ashraf and “J” went to his house and asked him to follow them to help in investigation.

12.37 pm : Magistrate agrees to call complainant to testify.

12.31 pm: Coroner says the witness can be called to take the stand and MACC can file in its application for a review at the same time.

12.13 pm: Abdul Razak said he is going to apply to the High Court for a review of coroner’s ruling on Tuesday that the report is relevant and the witness can testify.

Malik Imtiaz Sarwar, representing the Selangor state government gets up saying that Abdul Razak could have thought of doing that on Tuesday.

“This is a last minute effort to derail the inquest,” he said.

12.10 pm: Gobind says the court had been stagnant for two days because of Abdul Razak.

“We are prepared to proceed. You said Ashraf’s name wasn’t in the report. You told us to prepare our witness; when we have, you say it is irrelevant,” stated Gobind.

12.05 pm: Abdul Razak says there should not be a problem for witnesses to come to court to testify.

Questioning the mystery witness’ seat in the public gallery, he said:

“Maybe they want to expose his identity today.”

To this Gobind stands up and shouts: “What are you trying to say?”

11.40 am: Court resumes with coroner saying that he did mention MACC’s stand that the report is irrelevant. However, that is not his stand on the matter.

11.15 am : Court takes a short break for Magistrate to replay video recording of yesterday’s proceedings.

11.14 am : As various parties continue to dispute what happened yesterday, court stands down.  Adds that as long as there are “cogent reasons” but advises him to exercise his power sparingly and slowly.

11.13 am : In reply to Azmil’s question on whether he has power to review his own decision, Tan says he does.

11.12 am : Advises the magistrate that he did rule to admit the evidence through the appropriate witness.

11.08 am : AG’s lawyer states that his only duty is to assist magistrate as coroner and not side any party.

11.03 am : Adds that court can limit scope of questioning.

11.02 am : Says provision of law for inquest: “matters relevant and necessary to form an opinion on how the deceased came about his death.”

11.00 am : Bar Council lawyer throws in support for report and testimony to be admitted.

10.50 am : Abdul Razak reads from police report… “a tall officer punched me…” Notes that complainant did not name any officers.

10.47 am : Malik challenges Abdul Razak to show why the police report and complainant testimony not relevant.

10.46 am : Says they will bring in own pathologist later and that is why they want to bring in police report now.

10.45 am : Malik adds his support to Gobind’s argument. Says it is state and Teoh’s family belief that torture used during questioning.

10.35 am : Gobind challenges Abdul Razak’s claim that the complaint against MACC is prejudicial.

10.34 am : But notes that Abdul Razak may have a point about prejudicial effect. Magistrate Azmil Muntapha Abas refers to notes and admits that he did rule the police report and complainant’s testimony relevant.

10.32 am : Says that because of these factors, evidence from police report may be prejudicial.

10.31 am : Also notes that the MACC case against the complainant is still pending and police report still being investigated.

10.30 am : Abdul Razak says the police repot that Gobind wants to bring in does not name the MACC officers.

10.25 am : Gobind notes that the integral question is whether force was used during MACC’s interrogation. Gobind asks: how is this court to make a ruling if the evidence tendered is not true?

Gobind points out that the 19th witness, Selangor MACC officer Mohd Ashraff Mohd Yunus, 25, was not called by the police.

“What pending investigation is he (Abdul Razak) talking about if the witness was not called by the police,” asked Gobind.

10.24 am : Adds that court can now see why it cannot accept MACC’s testimonies at face value.

10.23 am : Gobind says MACC seems to be trying its best to keep the real facts from the court.

10.22 am : Says no MACC officers in court today but his witness is present.

10.20 am : Gobind Singh Deo supports Malik’s stand to admit the police report and its complainant to coroner’s court

Coroner Azmil Muntapha Abas says he is standing by his decision made on Tuesday to allow him to testify as his report has relevance to the facts of the inquest.

He, however, also agrees with Abdul Razak that the case in the report is still under investigation.

10.15 am : Says decision to admit the police report in court through the complainant’s testimony.

Datuk Abdul Razak Muda, who is holding a watching brief for the MACC says that before court allows the mystery witness to testify, it must take into consideration that the report was lodged 10 months before Teoh’s death which is too huge a gap to the death.

10.13 am : Imtiaz says decision was reached yesterday. Selangor state govt lawyer Malik Imtiaz Sarwar says Abdul Razak got his facts wrong about coroner’s ruling yesterday.

10.12 am : Counsel Gobind Singh says mystery witness is in court and ready to testify.

10.07 am : Asks court to adjourn calling the complainant as a witness. Abdul Razak maintains his stand that the report is not relevant.

10.06 am : MACC lawyer stands up and repeats his objection to a police report lodged against MACC last year.

10.00 am : Day 18 of Teoh Beng Hock inquest starts.

09.45 am :

Day 18 of Teoh’s inquest begins. Mystery witness is at court sitting at the public gallery wearing white shirt and grey pants. He is seated with his family.

This is considered odd as witnesses are supposed to sit at a room specially for witnesses.

Yesterday wraps up

Teoh Beng Hock spoke very little when questioned about documents said to have been printed from his laptop, a coroner’s court was told.

“He didn’t say much but only hmm, hmm, hmm as if affirming,” Malaysian Anti-Corruption Commission (MACC) officer Mohd Ashraf Mohd Yunus testified yesterday at the inquest into the death of the political aide.

Questioned by Datuk Abdul Razak Musa, who is holding a watching brief for the MACC, Mohd Ashraf said he showed some documents to Teoh to confirm if they were signed by him on behalf of his boss, Selangor executive councillor Ean Yong Hian Wah, while his colleague Arman Alies asked the questions.

He claimed that Teoh had only spoken when asked his name, age and how he had come to know Ean Yong.

The 25-year-old MACC officer also alleged Teoh had appeared to be troubled when shown the documents printed from his laptop.

“He looked worried and kept on shuffling the documents.”

He also said Teoh had spoken when he requested for a drink of water when resting at the lounge after the questioning.

Razak: Explain how Teoh had asked for a drink.

Mohd Ashraf: He said, Ooi! I want to drink water.

Counsel holding a watching brief for Ean Yong, Salim Bashir asked Mohd Ashraf if Teoh had only said “hmm, hmm, hmm” throughout the two hours he had been questioned over the documents.

Mohd Ashraf said Teoh had also answered “yes” or “no” to questions posed to him.

Salim then asked Mohd Asraf how Teoh had been able to clarify about the documents if he had not spoken much.

“He nodded or just said hmm,” said Mohd Ashraf.

Meanwhile, a complainant who lodged a police report against the MACC for alleged brutality while he was questioned at the Selangor MACC office at Plaza Masalam, has been summoned to testify at the inquest today.

Coroner Azmil Muntapha Abas allowed the complainant to testify but before accepting the police report as evidence, he had asked counsel holding a watching brief for Teoh’s family Gobind Singh Deo, the relevance of the document and its contents to the inquest.

Gobind said the main purpose was to show that witnesses had been beaten and tortured during questioning at the 14th floor of Plaza Masalam.

It is learnt that renowned Thai pathologist Dr Pornthip Rojanasunand will testify at the inquest on Sept 14.

Gobind said Dr Pornthip would take the stand in the morning on that day.

Teoh, 30, who had been summoned to the MACC office at the 14th floor of Plaza Masalam to be questioned over the irregular disbursement of state funds on July 15, was found dead on the fifth floor service corridor of the building the following day .

He was scheduled to register his marriage with his pregnant fiancee Soh Cher Wei.

The inquest continues today.

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