DAP political aide Teoh Beng Hock would not have died if the Malaysian Anti-Corruption Commission (MACC) had followed the law.
This is the immediate reaction not only of family members of Beng Hock, DAP and Pakatan Rakyat, but all Malaysians following the landmark decision by the Kuala Lumpur High Court today which ruled that the MACC is not entitled to interrogate witnesses late at night beyond normal office hours, from 8.30am to 5.30pm.
Justice Mohd Ariff Md Yusof ruled that it was illegal for the MACC to question its witnesses at night as such questioning must be done during the daytime.
“The term day to day as stipulated in the MACC Act cannot mean round the clock.”
This landmark decision is the result of the suit filed by Kajang Councillor Tan Boon Hwa who was falsely imprisoned together with Teoh Beng Hock on July 15 and 16 at the MACC headquarters in Shah Alam, with the case argued by DAP National Chairman and MP for Bukit Glugor Karpal Singh.
This is an added reason why the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan should resign, in allowing MACC to become a Frankenstein as to cause Teoh Beng Hock’s unnecessary death in a campaign not to declare war against corruption but against Pakatan Rakyat to serve Umno/BN political agenda.
It was only two days ago I had called for Ahmad Said’s resignation as MACC chief following Malaysia’s worst Corruption Perception Index (CPI) ranking and score for the past 15 years in the Transparency International CPI 2009, making Malaysia the worst performer in Asia in anti-corruption in the past 15 years.
Karpal has informed me that the judgment covers not only MACC but all law enforcement agencies, including the police, that all witnesses should be treated fairly and lawfully.
For a start, the MACC, police and all law enforcement agencies must immediately revise their Standing Operating Procedures so as not to run afoul of the Mohd Ariff judgment in the Tan Boon Hwa case.
MACC must cease immediately all unlawful activities in questioning witnesses beyond normal office hours.
The Malaysian Insider reports:
MACC can’t quiz witnesses beyond office hours, High Court rules
By Debra ChongKUALA LUMPUR, Nov 19 — The High Court here today delivered a stunning rebuff to the Malaysian Anti-Corruption Commission’s (MACC) investigative procedures by ruling that it has no right to question witnesses in an investigation beyond normal office hours, namely from 8.30am to 5.30pm.
It also found the MACC to have acted illegally when it detained Kajang town councillor Tan Boon Wah overnight at its Selangor head office in Plaza Masalam, Shah Alam.
Judicial Commissioner (JC) Mohamad Ariff Md Yusof stressed that the meaning of the phrase “day to day” as laid down in Section 30(3)(a) of the MACC Act – which is at the core of the dispute between Tan and the MACC – “cannot mean round the clock” investigation, which includes recording statements from the witness.
Mohamad Ariff explained that to do so would “offend the legislative purpose” and limit the fundamental liberties of a person, which are clearly laid down in the Federal Constitution, under Article 5, and which the Federal Court had recently upheld must be interpreted in the “widest sense” possible.
He remarked that the MACC may have realised this when they ordered Tan to return to help in further investigations at 10am on July 20, which is well within normal working hours.
The High Court ordered the MACC to pay damages to Tan for “false imprisonment” between 9.45pm on July 15 and 2.53am on July 16, but left it up to the court registrar’s office to determine the amount, which will include interest.
Tan was taken in for questioning as a witness by Selangor graft busters investigating claims of an abuse of state funds involving DAP state executive councillor, Ean Yong Hian Wah, about 9pm on July 15, the same day as political aide Teoh Beng Hock.
Teoh, who was Ean Yong’s secretary, was also interrogated overnight and found dead the next afternoon on a fifth-floor landing outside the MACC office in Plaza Masalam, Shah Alam. His mysterious death is currently the subject of an on-going inquest.
Tan was interrogated until nearly 3am the next day and then told to go home, but stayed on to have his statement recorded later at about 11am. He finally left the MACC office around lunch time.
The suit against the national anti-graft body was filed on July 22.
Tan’s lawyer, Karpal Singh, told reporters later that it was a landmark case which held great consequences on how interrogations of both witnesses and suspects in an investigation would be carried out in future.
“This affects across the board every investigation in the country; every police investigation and even the Criminal Procedure Code,” the veteran said and added that it was no longer limited to the MACC’s way of handling things.
“For the first time, we get a definitive ruling to the phrase ‘day to day’,” Karpal added, referring to the JC’s stress that the law was silent on how the phrase should be read and resorted to consulting the dictionary meaning of it.
Asked to comment on the impact the High Court’s decision in relation to the dead political secretary, Karpal said: “In the case of Teoh Beng Hock, death was involved. The MACC has to be sued in a wider range and not limited to just the questioning.”
Karpal, who is also the MP for Bukit Gelugor, noted that the authorities had always thought they could question anyone at any time.
He marked that today’s ruling paved the way for others who had been similarly affected in the past to sue the authorities for holding them beyond regular hours.
But he said that those looking to claim damages must do so quickly because the Public Authorities Protection Act limits legal action being taken against such public institutions to within the last three years.
The Kajang councillor who was in court when the decision was read out looked highly relieved. He said he had filed the suit hoping to stop the MACC’s practice of questioning people at odd hours, especially after what had happened to Teoh.
“It’s good for all Malaysians,” Tan said.
It is unknown at this point if the MACC will appeal the High Court’s decision.
While lawyers from the Attorney-General’s Chambers representing the commission did not indicate whether they accepted the ruling or not, Karpal thinks they are likely to appeal because of the implications on other public authorities.
He added that they have one month to file their appeal.
In an immediate reaction, DAP Parliamentary Leader Lim Kit Siang lamented that political aide Teoh Beng Hock would still be alive if the MACC had followed the law.
“Teoh Beng Hock would not have died if MACC had followed the law,” the Ipoh Timur MP said in a statement.
He said the landmark decision today was an added reason for MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan to resign, following Malaysia’s worst Corruption Perception Index (CPI) ranking and score in 15 years in the Transparency International CPI 2009.
Malaysiakini reports:
High Court: MACC’s night interrogation illegal
Hafiz Yatim
Nov 19, 09In a landmark decision today, the Kuala Lumpur High Court ruled the Malaysian Anti-Corruption Commission is not entitled to interrogate witnesses late at night.
Justice Mohd Ariff Md Yusof ruled that it was illegal for the MACC to question its witnesses at night as such questioning must be done in the daytime, during office hours.
“The term day to day as stipulated under Section 30 (3) (a) of the MACC Act cannot mean round the clock. To do so, will offend the intention of the legislature and to curtail the ambit of personal liberty.
“The court allows the application for the declaration,” he said.
He also ordered costs to be paid to the plaintiff, Kajang councillor Tan Boon Hwa.
Despite the differences in opinion on the time when Tan was interrogated, Karpal agreed to the one stipulated by the MACC officer in his affidavit which was between 9.45pm on July 15 and 2.53am on July 16.
Hence, Mohd Ariff directed the court’s senior assistant registrar to assess the damages for wrongful detention based on those stipulated time.
Tan filed a suit on July 22 claiming that the MACC had falsely imprisoned him when he was detained and questioned at odd hours.
He said that he was questioned late at night along with political aide Teoh Beng Hock on July 16.
MACC meanwhile had contended they had the right to interrogate witnesses at odd hours.
Senior federal counsel Noorin Badaruddin, who appeared on behalf of the MACC, said she has received instructions from the Attorney General to file an appeal.
Tan, commenting today’s judgment, said the decision was important to all Malaysians.
“What is important is that no one should be subjected to such interrogation late at night. This is a victory for all Malaysians,” said the Kajang municipal councillor.
Oxford dictionary meaning used
Mohd Ariff in his judgment had used a federal court case and also the Oxford English dictionary second edition, in arriving at the decision.
In the federal court decision, the judge noted that personal liberty as enshrined under Article 5 of the Federal Constitution should have been expanded.
He also noted that within the MACC Act, there was no definition of “day to day”.
Section 30 (3) (a) states: A person to whom an order has been given under paragraph (1) (a) shall attend in accordance with the terms of the order to be examined orally to assist investigations, and shall continue to attend from day to day where so directed (by the MACC) until the examination is completed.
As a result of this, Justice Mohd Ariff said the court was empowered to interpret the meaning.
“Looking at the definition under the Oxford Dictionary “day to day” means daily. It does not mean 24 hours a day but at anytime of the day. Hence, it should mean within normal working hours as stipulated between 8.30am and 5.30pm,” he said.
Justice Mohd Ariff, also noted that the MACC had summoned Tan to give his statement on July 20, at 10am. Hence, this was within the right definition of day to day. This means, he can be brought in or come another day (during office hours) to help assist in the investigations.
Karpal: Decision has serious ramifications
Karpal, who represented Tan, said today’s judgment was a landmark decision, as never before had the court interpreted the limits of conducting interrogations.
He said the MACC Act gave an avenue for the public to address the issue.
The senior lawyer also pointed out that even under the Lock-Up Rules, a person must be in his cell (jail) between 6.30am and 6.30pm and hence, interrogation could not conducted outside those time.
He said in previous Acts, there was no specific reference on ‘day to day’ in the conduct of interrogation for witnesses.
Asked whether the judgment would mean that Teoh’s family could file a similar suit for wrongful detention, Karpal said it would mean that and more.
“Under the Public Authorities Protection Act, civil liability on the government is limited to three years. Hence, witnesses for the past three years, who have been unlawfully detained and where interrogations were conducted after office hours could file for damages claim,” he said.
As a result of Tan and Teoh’s matter, the Selangor government has also issued a circular barring its officers from being interrogated by the MACC after office hours.
The attorney-general has, however, sought to set it aside on the basis that the circular is against the law, because it violates the legal rights accorded to the MACC officers in performing their duties.
The case is pending in Shah Alam High Court.
The buck stops at the desk of MACC head. As a matter of principle and honour, Ahmad Said must take full responsibility for his blunders and excesses, if not outright abuses. Said must step down with immediate effect or be removed by the Minister himself.
Let’s see what monkey tricks UMNo minister will now do. I am eager to hear what Nazri, with his big-mouth and Keris-din with his empty-head have to say next.
SPM Maths Paper 1 question on Logic (Leaked)
Hypothesis 1: If the macc follows the law, the opposition-held states would never be toppled by umno.
Hypothesis 2: umno is the macc’s paymaster.
Conclusion: ___________________________
SPM Moral question (Leaked)
Suppose you are the head of the macc. Your paymaster umno wants you to topple the state governments held by Pakatan Rakyat. In 300 words, list down the dirty tactics, including murder, you must employ to do so. (No moral values required)
You know in developed nations, when a death such as above has taken place within the boundaries of an institution and foul play has been indicated, it should be suspended for a time period till cleared of all allegations.
only in malaysia boleh land such places still remain open.
and for your answer k1980 – the hypothesis has been proved via a reproducible experiment time and again and therefore it is now a valid scientific fact that UMNO is so corrupt that even of they were to be assessed with a corruption index it would not be possible to measure it. LOL
I don’t think the institution would be suspended but the senior officers in charge would be transferred untill they are vindicated.
In Malaysia, even after a Royal Commission finds cause for action like the Lingam case, the Law Minister acts like a court jester and behaves like the FOOL.
We should not accept such characters in government anymore or Malaysia is DOOMED.
The PR is simply made of a bunch of fool people. Please don’t conclude the matter so early. The High Court decision is going to be overruled by the Court of Appeal soon as I understand it.
MACC morons only follow BN government instructions.When it comes to PR officials then they interrogate till late and anytime they feel like.If they are finished interrogating they just throw them out the windows.
HI Endangered Hornbill, it’s likely Ahmad said would be transferred to another agency with a higher salary.Narzi would say the trial judge was wrong……poor guy would be transferred to a sub district court.And kris-mudin would defend Ahmad and say he and his officers were only doing what’s best to lower the country CPI from the current ranking of 56. Hi guys,what a joke,right ?.
As usual just like perak, court of appeals granted zambri his position despite the earlier ruling by the high court favouring nizar. BN biggest hypocrites of all time.
(Light bulb) Have an award ceremony in malaysia and malaysia only for the most corrupted of all time without any contenders and deemed undisputed heavy weight champion of corruptions of the world – BN
How sad, such an important decision was made after TBH had died
Do we expect MCA politicians to cry like they did yesterday over the tragic death of TBH
Oh, CMF, WKS, please cry for TBH n justice
hey frankyyapp, true that, also just like tan sri musa hassan said my officers shot those gang member first if not they will shoot my officers?
hos does that even make any sense? cops don’t shoot unless they’re shot at, in fact they should take down the criminals with the least possible force..the idea is apprehension and then legal conviction according to the law and not take the law in your own hands and execute the bugger? what nonsense from musa!
then also ask musa, why the cops blew up a mongolian model with c4? Did she try to blow them up first?
Stupid morons, the leader is a ningkapoop so can’t blame the rest of the clowns!
1. is this ruling retrospective?
2. does the high court specify whether appeal is allowed? we all are aware of malaysian court false democracy!
3. did nr say that he will not appeal the decision? we all know who is the de facto boss of our courts and judges? lingam agreed with the decision?
have we learned from the history? is this really too soon to claim victory? whatever it is, this ruling will not bring tbh alive! when found beyond reasonable doubt, the murderer shall be charged in accordance to the penal code and once found guilty, the murderer shall face death penalty. it will not be a mere charge of breach of interrogation procedures.
if i was the law, i declare for re-elections and personally will over throw this dictatorial UMNO that rules the judiciary/police to their whims and fancy.
hmmmm at first, i need to said brovo!!! To Mohamad Ariff, you make the correct disision. in other way, i want to also worried for you. i am sure you will get in to trouble from PM. wake up guys, MACC is PM kaki, they help BN to run here n there. so dont dream you can touch their single hair. here said can, but tomorrow others will come out. MACC is Malam ada cicak n cacing, they are so active in night, they cannot see light so they only work at night even throw ppl out from building, or play ppl back hole as well.
Honestly they are bunch of gangster suse by the powerful to achieve their goals. Worst all those bunch of gangsters are being pay by tax payers money.
Long we know they have acted ultra virus but what we can do these are norm in Malaysia where abusing power is common.
It is time form TBH family to initial civil sue against this agency.
Now that the High Court has made the decision, all parties aggrieved by MACC’s ‘unconventional’ techniques can now sue the pants off MACC. And so Teoh Beng Hock’s family can sue for compensation too although the life lost is worth infinitely more than all the money in the universe.
Of course, UMNo can now enact new laws with retrospective effect to make it legal for MACC to question suspects 24hrs, 7days a week, 52 weeks a year or 24/7/52.
Syabas, UMNo. They who sow wild oats will reap the whirlwind. So God is not mocked. The best is yet to come when UMNo bites the dust and grinds its t3eeth in the mud.
Some of the most tarnishes, tainted and sullied judges are sitting in the COA and FC. They were put there to overrule judgements like this.
So let’s not rejoice.
For a start, witnesses are there to provide help & assistance so that the authority has a better chance to solve the crime. They are not to be INTERROGATED!!!! Isn’t this common sense?? To interrogate them outside office hours is utter MADNESS!!
Go tell the home minister he has a house of terrorists (MACC) right at his back yard. He is personally responsible for this sorry state of affair!!!!
This is Malaysia. We should by now know what is going to happen to MACC whatever court verdict there is. There will be no resignation of Ahmad, nothing will change and life carries on. If you want to see MACC account for its action it has to start taking action against some UMNO warlords. If that happens the sun will rise on the west and set on the east.
A man with a conscience would never do what MACC does as a matter of routine.
Now if one does not have a conscience, then one is no better than an animal. Look, I am not saying MACC is an animal….but this MACC creature certainly is some kind of a beast!
Now that we are on our way to enbter into the Guinness Book of Records for the biggest and fastest plunge in the corruption index, maybe MACC shud invite the press for a little celebration. After all, it’s not everyday one gets into the record books, right Said!
#19 by gofortruth on Thursday, 19 November 2009 – 8:41 pm
—
A. Malaysia Courts and Lawyers are known for
1. The flip-flop of words/terms. Therefore, are “false” “Imprisonment”, “Interrogation” the right words to be used?
2. Illusions of facts & Issues
3.Confusion of the basis ground of cases.
B. I believe
1. Imprisonment = “Lock-up” should be applicable when they are “suspects” under arrest. “False imprisonment” should be there when “Imprisonment” was caused by some Frauds leading to the arrest and then locked-up. Should “wrongly confinement” be applicable in this case?
2. Witness has to be established officially, so that they were “approved” by certain officers and be “called up” or “invited” as “Witness”.
3. There must be report or case to be referred to to establish if they should be the witnesses. Was that presented in the Court?
4. Witness should be there for giving their Witness Statement and not Interrogations!!
C. Of course, it is inhuman to work off-office hours, especially over-night (for both witness/suspect/officers). It is not the cause of the dead of TBH but the ATTITUDE of those officers (including those Police cases) that they had not taken People as Human!! Otherwise, why suspects be shot to death or assaulted to death in those Police cases?
D.
1. Rules are “dead” if the Rightful Human attitude is not there.
2. How TBH was tortured to death is most important to arrive with the damages or punitive damage.
3. “False Imprisonment” is misplaced to minimize the possible damages to be applied!!And skip AG be the next one to take action on MACC for Criminal Charge.
4. Interrogation should not be there but a Witness Statement.
5. How illegal or wrongfully had been done should be the main direction!!
Is the court the only one doing the show?
What is the point of feeling elated with the latest court’s decision when it is not a fundamental issue? Let me give you an analogy: Does it matter a robber rob you during office hours or after office hours. Are you saying a robbery takes during office hours are less harmful? The fundamental issue here is to get the MACC functions as a transparent, fair and “legal” organisation, not like a kongsi gelap. Are you saying MACC cannot put the witnesses under extreme pressure during day light hours if they continue have the opportunity to exert such pressure? Get the basics right first, everything will fall in place.
Hi tenaciousB,have u not heard about gangstercop ? They shot death first their counterparts to cover up their own criminal record.Tell me a cop who is not on the take and also name me an Umno minister who is poorer than our poor Uncle Nik of Kelantan. It’s pretty obvious,if you drink and smoke in front of your children,they would all ended up like you someday soon.Ministers come and go,all ended up ripping of with great wealth,hence the trend goes on.Corruption will continue to move up,I can bet your last ringgit.
Back to school. No, I mean better quality education, and language skills.
If he considers himself an honourable person, the top man must admit responsibilty for the injustice done and step aside?
MANY PEOPLE would not have died if many police, JPJ officers judges, govt officers, BN cronies, etc. followed the law…
The cost of BN abuse power is more than just wasted money, it has killed. BN politicians are technically ACCESSORY to MURDER!!!
TBH is supposed to be still alive. Some people think of him as having all the information in the world that they would do anything to get the information out of him when he does not have what they want. Hey ! There is something that is called conscience given by God or whatever name you want to call Him. You have a conscience because in case you forget about God, that feeling or thought will ask you if it is worth it. And the same conscience will remind you whether you have done right or wrong.
//..name me an (Umno) minister who is poorer than our poor Uncle Nik of Kelantan//
So that’s why Wee KS and Chew MF wailed buckets of tears in front of the cameras when they were kicked out of the central committee of the mca… No more big bucks coming to them
Those who had been interrogated by MACC outside office hours should sue MACC for damages.
This is BN’s Sabu Malaysia and NOT “Satu Malaysia”
BN is interested in defending the MACC and the whole issue is not for the benefits of the Rakyat of Malaysia.
By all means, BN is “Sabu Malaysia”
The Fundamental issue are:
1. Why an obvious abuses of Human Rights, Proceeding and Criminal Offenses are not taken up by the AG but in ONLY in Civil Proceeding?
2. Why the Opposition Legal genius should applaud the decision and not condemning it?
3. If AG works, would MACC, Police go “Wild”?
It’s simply a Joke or Kidding!!
Hi Thinking Two,you are absolutely correct.Who would not defend its own tools ,would you not ? MACC is Umno/Bn tool,its core purpose is to kill the opposition and to safe guard its own interest.Nothing more and nothing less as these bad guys want to remain in power forever.
Had these guys followed the law, Malaysia would not be what it is today!
Does the decision have retrospective effect as karpal has suggested? For one thing the judge did not say that he was making a decision with retrospective effect. If the decision he made in effect created new rights then there is reason to argue that such decision cannot be retrospective unless the judge pronounce so. Now, is the decision cited above about creation of new rights? Does it create any new rights? No. It was simply an interpretation of the wordings in an Act of Parliament. The wordings were already there right from the start. Any interpretation given to the wordings by the courts, it logically follows, must be applied as the correct and proper meaning of the wordings concerned right from the begining when the Act containing the wordings were first passed. I think karpal is right.
Just a thought.
BTW, ktteokt, had those guys followed the law, I could be a billionaire today and you could be the governor of bank negara. Well. The probability is always there, isnt it? But not now I am afraid.
These MACC personnels or even any government institutions with the authority to detain people will behave like barbarians when they are in a pack.
Malaysia claims to be a religious country.
What an irony! Don’t claim that Malaysia is truely Asia! Other Asian countires do not behave in this uncivilised and barbaric way.