CABINETS DECISION NONSENSICAL
A Magistrate is empowered under the Criminal Procedure Code to hold an inquiry into the circumstances leading to the death of a person.
Commonly seen to address deaths in police custody, or suspicious deaths, the task of a Magistrate would be to hold a public hearing where witnesses from whom statements have been taken by the police will be called and openly questioned.
Those with a direct interest in the outcome of these proceedings, such as victims or suspects, may engage lawyers who may appear and question these witnesses as well during the proceedings.
One thing is certain. A magistrate has wide powers but only in so far as finding the circumstances leading to and the causes of death in that particular case are concerned.
A magistrate may not go the extra distance to inquire into the propriety of the investigative procedures adopted on the deceased, as in the case of Teoh.
A Royal Commission of Inquiry on the other hand may be asked to inquire into both. This means the RCI may look into the circumstances leading to and the causes of death of a person in custody and also the sufficiency or otherwise of measures existing to protect the rights of individuals who are detained for questioning.
What comes across as strange in the decision of the cabinet is the separation of the two. If the cabinet did not feel it fit to set up a RCI, then one would fall back on an inquest. But where the cabinet decides to set up a RCI, then what is the logic behind separating the two?
Not only would there be two separate hearings held, which will involve twice the time and cost, there could be a serious problem if the findings of both were different. That would result in an absurd and highly embarrassing position for the government.
Having said that, how is the RCI going to focus on the events which led to the death of Teoh? Are they to rely on the findings of the Inquest or are they to reevaluate the whole case and if they are required to rely on the findings of the Magistrate, then what real purpose is there for the RCI if it cannot inquire and judge for itself the real facts of the case?
It is also to be remembered that an inquest usually depends heavily on witnesses from whom the police have taken statements whereas a RCI has the power to call and question almost anyone they feel are relevant for the purpose of uncovering the whole truth in cases such as these.
Take for example the Rahim Nor ‘Black Eye” RCI. That was a case where the top police officer of the country was found to be responsible and as such, the setting up of a RCI consisting of members who were ex- judges and medical experts went a long long way in reassuring Malaysians of their impartiality.
Further, it is to be remembered that a RCI presents its findings and recommendations to the King.
In the case of a Magistrate, the findings are channeled to the Attorney-General. Arguably, the AG could maintain his impartiality in the matter, but where the death came around in an investigation involving a prosecuting agency such as the MACC, there would be perception problems as surely the AG ought not to decide on a matter where his men are allegedly involved.
I am surprised how it is the cabinet has decided to hold both an Inquest and a RCI. It really does not make much sense. It reflects a lack of will on part of the government to set up an inquisitorial process which is truly independent to unearth the dark facts behind the death of Teoh Beng Hock.
22 July 2009
GOBIND SINGH DEO
MP for PUCHONG
This country has long gone ! Corruptions and doing all the wrongful things are NORMs okay ? Just when will Malaysians wake up and accept this fact ? Live with it man ! What do you want to change ? How do you change when 80% are those that walks the NORMs ? Look here man, lift up your left hand, palm outward. 80% are the right most thumb, 20% are the leftmost finger. Who wins ? Wake up to reality. So what if the government wants something that works out to its favour? Who are you to make noise about ? I spent my whole working life learning this principle of surviving in Malaysia. You want to preserve your principles huh ? Think again. The sad art of survival in this dog-gone country. I’m truly sad and aggrieved on what befell TBH and my heart goes out to his family and loved ones. But sadly if he has accepted the Malaysian way, he would probably be alive and a lot lot richer. That is reality in this country. And it goes to those who are still thinking of fighting against this hardcored establishment. Are you prepared and are you capable to remove 80% of those in some “powerful” positions in the whole setup, be they school principals, the policemen, the legal fraternity, the directors of the civil services various arms and the whole lot of a country setup ? Think hard. This country has no turn back. Only 360 degrees ( 360 degrees equals one revolution, that was what I learned !) will do the job. The US had it, and a lot of other countries had gone through it, so what makes it so different for this country? Absolute power corrupts absolutely and history will repeat itself. If Malaysians haven’t learned the reality in living and fighting for survival in this country, it is time to wake up and learn. A beautiful country that is sick to the core. Just too bad !
Dear YB Gobind,
The foreign forensic-pathologist to be engaged by Tan Sri Khalid Ibrahim is Khunying Pornthip Rojanasunan. However, she required one day notice before she can fly into KLIA.
But Teoh’s parents do not want to prolonged his funeral and we must respect that. Khunying Pornthip is one ‘kick-ass’ lady and she can make the dead talk to her. We just misssed the help of this remarkable lady.
Dr Pornthip credentials : http://absolutelybangkok.com/the-police-minder/#more-5208
YB Gobind, please ask the PR leader if they can still secure the help of Dr Pornthip as an independent forensic pathalogist expert.
It doesn’t matter if Dr Porntip can’t perform an autopsy on Teoh’s body but she can still give her opinions based on pictures taken and visit the crime scene. Dr Pornthip may also collaborate with Dr Prashant Samberkar as he was at the crime scene and I believe Dr Prashant was involve in Teoh’s autopsy.
Otherwise we may never seek JUSTICE for Teoh and the TRUTH will not prevail. Believe me.
Thank You,
wudan