Kim Quek: A Royal Commission of Deception

The following is a good commentary and observation by Kim Quek.

Notice the characters and the subjects:

a) Character of Police - slow in action and suppressing vital info
b) Character of MACC - secretive and trying to avoid responsibility
c) Teoh Beng Hock's Mobile Phone - remained 'invisible' until day 4
d) Room at 14th floor - Details remain undisclosed
e) CCTV records - was taken only on day 4

Article taken from: http://en.suarakeadilan.com/top-story-1/2009/07/12359



A Royal Commission of Deception

Friday, 24 July 2009


By Kim Quek

Prime Minister Najib Razak has finally announced the setting up of a
Royal Commission of Inquiry (RCI) to assuage the nation’s anger
over the tragic death of Teoh Beng Hock in the hands of the
Malaysian Anti-Corruption Commission (MACC).

But what a let down, and what a deception!

Instead of probing the death of Teoh, the Commission is asked to
look into the interrogation methods of the MACC.

The absurdity of this move is akin to a school boy caned to death in
a school, and the public inquiry is over the disciplinary procedure
of the school, not over how and why the boy met his death.

The injustice that befell Teoh Beng Hock – a clear victim of
political persecution – has infuriated the nation to boiling
point, and yet Najib thinks that an RCI looking into MACC’s
methodology would be sufficient to douse the anger and restore
confidence in his leadership.

What does he take Malaysians for? A bunch of dimwits?

Oh ya, I know what they will say, concurrent with this RCI is an
inquest where a magistrate would look into the cause of death. But
any one familiar with legal practice can tell you that comparing an
inquest to a RCI is like a child vs an adult.

An RCI is commissioned by the King, and it is usually made up of
senior members of society with distinguished records of competence
and integrity, and having wide power to summon for witnesses and
evidence, and reporting to the King; whereas an inquest is manned by
a junior legal officer whose source of evidence is limited to
feedings from the authorities (mainly police) with no power to call
for witnesses and other evidences, and forwarding the findings to
the attorney general.

Since an RCI is going to be set up in response to public demand to
uncover the truth pertaining to Teoh’s death, why create another
junior body to take away the principal task – finding out how and
why Teoh died – leaving RCI to do a side show?

Besides, without allowing RCI to probe into the death, how could it
fathom what has gone wrong with the operations of MACC’s? In fact
these two tasks are integral and inseparable.

Only when the full circumstances surrounding the death are
ascertained, can the defects of the system be defined and
recommendations made.

Umno’s intentional hide-and-seek

hideandseek1This is plain common sense, and I can’t imagine a man
of Najib’s intelligence cannot comprehend it. That leaves us with
no alternative but to conclude that the UMNO leadership is playing a
game of hide and seek with the public with respect to this tragedy.

Najib said “the government will do whatever that is necessary to
find the truth” and Inspector General Musa Hassan has repeatedly
warned the public not to speculate and hurl accusations but to trust
the police to carry out a “transparent and professional”
investigation, but what has transpired is contrary to these
assertions.

The police investigations in particular have been shockingly
questionable and unprofessional.

It should be plain from day 1 of the discovery of the body (July 16
) that Teoh died while under custody and he fell from the window of
the MACC’s 14 floor office.

That he was never released was verified by his personal articles
including his hand phone which were still being kept by MACC when
the body was found and the fact that he could not have walked off
the office on his own as implied by MACC as he did not have the
electronic card to open the door.

That he fell through the office window was evidenced from the 14th
floor window latch which was found next to Teoh’s body.

Questions Galore

Then why didn’t the police seal the office, seize all
relevant documents including notes of interrogation, dust for finger
prints particularly those at the window on the very first day (July
16), as death by foul means clearly could not be excluded.

Despite evidence of Teoh’s fall from the building while under
custody, why did Selangor police chief Khalid Abu Bakar say that he
did not suspect foul play and classified the case as “sudden
death” – even before autopsy was performed? Didn’t this
presumption betray patronization of a fellow law-enforcing agency?

Why did the police forensics personnel visited the crime scene only
on Day 4 (July 19) to take evidence, removing articles such as
documents, CCTV records, window latch etc, knowing that vital clues
could have been erased, tampered with or removed in the intervening
3 days? Didn’t this reflect a lack of seriousness?

Why did the police deny repeatedly to assemblyman Ronnie Liu until
day 4 that it had Teoh’s hand phone, when in fact the phone has
been in its possession since day 1? What was the police secretly
keeping the phone for so many days for?

The body was discovered at 1:30 pm and Teoh’s boss assemblyman Ean
Yong Hian Wah arrived at the MACC office at 5 pm asking to see Teoh,
but the personnel therein including Selangor police chief Khalid Abu
Bakar did not entertain Ean Yong for more than an hour.

Why keep the news from Ean Yong for so long? Why wasn’t Teoh’s
family informed in the first instant? Was this long duration of
silence a needed interval to complete certain preparatory work
before the bad news was announced to the world? Shouldn’t such
improper conduct give rise to suspicious imputations?

The autopsy was completed on day 2 (July 17), why is the police
still keeping the findings under lid?

As for MACC, questions galore that suggest criminal liability over
Teoh’s death in the backdrop of a political conspiracy to sabotage
the Selangor Pakatan state government with corruption prosecutions.
Examples of these are:

1. Why did director of investigations Shukri Abdul lie that Teoh was
released at 3:45 am and that he had no idea how Teoh’s body landed
on the fifth floor balcony, when in fact Teoh was never released and
he fell off a window in the office? Was there a necessity to lie if
there was no criminal liability on the part of MACC?

2. Why was Teoh tortured in a marathon interrogation that stretched
into the early hours of morning when he was not a criminal suspect
but only a witness assisting in an investigation over a hearsay
allegation of misappropriation of a paltry RM 2,400 by his boss Ean
Yong?

Ean Yong was among a group of seven Pakatan assemblymen selected for
investigation for unspecified suspicion of miss-using their annual
allocations of half a million ringgit each. In contrast, Pakatan
complaints against BN assemblymen for having dubiously spent their
entire annual allocations within the short period of two months
shortly before the last election in Mar 8, 08 have been met with
silence for more than a year.

3. Why have Pakatan leaders been systematically hounded over dubious
petty allegations while MACC routinely playing deaf and dumb over
multi-million and even multi-billion scandals of corruption and
abuse of power by Barisan Nasional leaders?

Why keep silent over the RM 12.5 billion PKFZ scandal despite having
received numerous reports of complaints from Pakatan since 2004?

Why took no notice over the recently exposed mansion of former
Selangor Menteri Besar Khir Toyo reputedly worth RM 24 million which
was well beyond his accumulated official income?

Why took no action on Khir for the numerous reports of corruption
and abuse of power uncovered by the Pakatan state government since
the last election?

It is as clear as day light that MACC exists not to wipe out
corruption, but to wipe out Pakatan Rakyat – not only in Selangor
but all over the country.

It is in the realization of this despicable role played by MACC,
that the tragic death of an upright and dedicated young man – who
was due to get married on the day his life was so cruelly snuffed
out – has caused the tolerance of the nation to touch its breaking
point.

Let us resolve that the fascist power be not tolerated henceforth.
Let us all stand up for justice for Teoh Beng Hock.

.

[Kim Quek aka Yong Thye Chong is a well-respected political
commentator and author]

Teoh Beng Hock mystery notes

The death of Teoh Beng Hock has become a mystery
waiting to be solved magically by power of the internet.

We are seeing very little information being slowly released
to the public which is suggesting as if a 'grand conspiracy'
is in progress.

a) The Police being too slow and unprofessional (Getting CCTV, Teoh's mobile phone and checking staircase)
b) MACC remained secretive (refuse office access and publishing details. Most loud PR was 3am discharge time!)
c) Official Sudden Death Plunge theory being mostly propagated (and some warning against speculation/opinion)
d) Death Details (Blurred/Small Photo) coverup (lacking details as if to hide something)
e) Broken Belt (unknown DNA?) and Stains (Rust or Blood) at staircase known for too late (weeks later)
f) No reason given for Teoh's torn trousers (No one suggesting it could be purposely being torn by someone)
g) The broken window latch analysis was missing (could be a planted evidence by somebody)
h) The Blue Marks on Teoh's stomach info was not highlighted or made into media headlines!
i) Teoh's missing wristwatch and marks on his palm.
j) Teoh's new shoes / soles condition (This is an MACC favourite torture technique - knock the soles of your feet)




Lets read a quote from Malaysia Mirror on 21st July 2009:

Well-placed sources and officials close to the MACC said Teoh was "manhandled and threatened" by investigators during a 10-hour interrogation as part of a political conspiracy to bring down opposition leaders, led by Anwar Ibrahim, and to implicate them for alleged misuse of funds.

"When he refused to do so, the officers dragged him to a window on the 14-story building and threatened to throw him out," the said the source who was not authorized to speak to media.

Out of many reports out there perhaps the biggest clue is
the MACC refusal to grant access to all rooms on the
15th floor!

[Latest Mystery Edit: 7th August 2009]

The Staircase Stain Clue?

As reported by MalaysiaKini on 7th August 2009, under the title
"TBH inquest: Blood on stairwell?"

“We were walking up the staircase to the 15th floor through the backdoor. When we reached the 15th floor, we found a two-feet long stain on the floor of the staircase,” a lawyer for the Teoh family Lim Lip Eng told reporters on Friday.

“We asked the director of Selangor MACC what was the stain but he didn’t know. The police investigating officer said he would inspect the substance.”

Lip Eng was part of the entourage of lawyers, court officials and police that accompanied coroner Azmil Muntapha Abas to Plaza Masalam, where the office of the Malaysian Anti-Corruption Commission is.

The group was originally slated to visit just the 14th floor office and the 5th floor corridor where Beng Hock’s body had been found after a marathon interrogation by MACC officers.

But the lawyers also asked to see the 15th floor, where there were more interrogation rooms. Although they were not allowed to enter, they spotted similar looking stains on a wall in one of these.



Photo: Seriously Lacking in Details

For example, only one photo (Edit: Some days later, Kosmo published a closeup photo showing Teoh's torn pants but blurred) at the scene (with lacking details
of course!) was shown to the public. Why show only one photo
and why there was no close-up photo? It is simply because
they don't want to lead you to the 'ultimate information'!!!
Otherwise the police will state 95% instead of only 60% of
total investigation!

The following are some interesting findings/theories from
the net:

1. The picture didn't show any obvious pool of blood
and didn't specify reasons for such despite claiming
Teoh died because of the plunge.

2. Reports didn't mention which part of Teoh's body hit the
ground first.

3. Reports didn't say which parts suffered the most impact.
Reports should state the percentage of damage on all parts
of his body and details like which parts produced the most
blood vessels leakage.

4. There was no picture or description from which room and
which window Teoh was said to be falling from. The people was
just told it was from the 14th floor.

Ref: Merdeka Review

Malah, seandainya Teoh jatuh dari tingkap tingkat ke-14, bahagian pejabat tersebut perlu dikenalpasti. Sama ada tempat di mana Teoh jatuh itu merupakan ruang tamu, pantri, bilik soal siasat, bilik mesyuarat dan sebagainya, adalah petunjuk penting dalam siasatan.

5. If Teoh was merely a witness as said by MACC, then MACC
has already 'tortured' Teoh mentally and physically by detaining
him (and his mobile phone) up to 3am on that day.

(Note: United Nations Report classified depriving sleep as a kind
of popular interrogation torture)

Ref : United Nations, Economic and Social Council, Commission on
Human Rights (42d Session), P. Kooikmans (Special Rapporteur), Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, February 19, 1986, 28-29.



6. There was no report on what food or drinks that Teoh has
consumed on that day. CIA or KGB are well known to deprive
their victims of solid foods during interrogation or giving special
doses of interrrogation drugs systematically or hiddenly.

Refer: Essential Forensic Biology By Alan Gunn

7. There seems to be a systematic and massive mainstream
media propaganda against Pakatan Rakyat Selangor government
with Star newspaper printing a BIG cover headlines 'Shah Alam Raid'
on 16th July 2009.



Please note that Teoh was found dead on that same day, 16th July 2009 and Khir Toyo bungalow case issue was exposed about 2 weeks before that (7th July 2009)

See: MalaysiaKini Khir Toyo's Bungalow:



8. It was said that the building has security doors but until now
there is no report on whose card has been used to open the
door of the 14th floor or what has caused the door to be opened.
Besides this, there is also no report on what type of electronic
security door system that MACC is using.

9. The report didn't mention the physical journey and history of
Teoh's mobile phone. It also didn't state if Teoh did make any call
or contact after 3am. For a typical busy person like Teoh, it is natural
that he would have made some phone calls or checking SMS upon
release. The Telco providers can actually check whether his phone
was turned on/off or was sending/receiving SMS in the telco server log.
From this server log we can know when Teo has been released.

From : Merdeka Review

• Dakwaan pihak SPRM bahawa Teoh Beng Hock telah dibebaskan pada jam 3.45pagi, 16 Julai, dan Teoh meminta untuk tidur di pejabat mencungkil keraguan, antaranya:-
  
  Sekira-nya Teoh telah di- bebaskan, mengapa dompet, telefon bimbit dan dokumen penting yang lain masih berada di tangan SPRM?



• 
  Mengapa polis mengambil telefon bimbit Teoh dari pihak SPRM pada hari keesokan tragedi berlaku, dan bukannya pada hari kejadian berlaku?



• 
  Mayat Teoh ditemui pada jam 1.30 tengah hari, 16 Julai. Pegawai SPRM dikatakan telah mengenalpasti identiti Teoh pada ketika itu, namun mengapa polis gagal mengesahkannya, sehingga jam 5 petang?
  

10. MACC has been known to have prepared a written confessions
and then tortured their victim until he or she finally gave up and
signed the confessions. This is not a hearsay - we have friends with
proofs of such kind of torture.

11. There is a possibility that Teoh was punched/kicked somewhere
near the stomach and the genitals until he is lifeless. (This cause an
internal bleeding (haemorrhage) and sudden death - that's why no large pool of blood
can be seen around his body).

[Edit 31st July 2009 : He was beaten as the blue marks were found on
his stomach as reported in the press. ]

[Edit 7th August 2009: Media reported Mystery DNA on Teoh's belt. ]

The police can use DNA tracing on Teoh's clothes to identify those
who had made contact with him but so far we didn't get any info
on this.

Just for the record - the police didn't wear any special clothing
(like the Angkasawan thing) when they were around Teoh's dead body.
This is really bad for CSI.






Refer: Essential Forensic Biology By Alan Gunn

12. It might be true that he was already dead before being thrown
out of the window. Then the body position may have been adjusted
so that it is lying sideways in order to prevent zooming digital cameras
to detect some other important clues.

From what common sense can 'see' - Teoh's body may not have been thrown out
from the 14th floor and it seems he was already losing some blood (internally
or externally) before being put (but the too clever media reported as plunged)
on the 5th floor. By telling everyone Teoh fell from 14th floor it will hide
the possibility that he could have been killed somewhere on the 15th floor
and then was carried via backdoor staircase to the 5th floor.

Fake Evidence Possibility:
It is unfortunate that there is no focus on fake evidence possibility.. ie
someone could have purposely broke the window latch or handle and place it
near Teoh's body. Or those torn trousers could also be another fake evidence
trying to make it appears that it was caused by the latch. It could be that
Teoh was killed somewhere else (not at 14th floor) but it is really bad that
14th floor was exaggerated. There is a possibility that 15th floor could be
the culprit because MACC is very secretive on this floor.

The police should have sealed the MACC office (and stairways too) on 14th
and 15th floor from day one of the incident but this didn't seem to happen at all!



REFERENCE


In the Conclusion section of the book "Janus-faced justice - Political
Criminals in Imperial Japan" by Richard H. Mitchell, it was written:

... For beatings when they wished to leave no marks, interrogators used
rubber truncheons and small sandbags. Other techniques were blows to the
solar plexus or a hard kick to the genitals.... (page 171)

"A 1986 United Nations report on torture presents the following list of methods
of physical torture, which is not considered exhaustive: beating, burning,
extracting (teeth,nails, etc), suspending, suffocating, exposing to excessive
light or noise, denying sleep or food, assaulting sexually, administering drugs,
and electric shocks. " (page 173)