The Royal Commission of Inquiry investigating the death of political aide Teoh Beng Hock began its hearing in a packed courtroom in the Kuala Lumpur High Court today.
The inquiry was recorded by close-circuit television and the proceedings were telecast 'live' in the media room, as well as outside the courtroom on the third floor.
The inquiry was recorded by close-circuit television and the proceedings were telecast 'live' in the media room, as well as outside the courtroom on the third floor.
Among those present were Beng Hock's younger sister Lee Lan and mother Shuw Hor, who were accompanied by their lawyers Karpal Singh and Gobind Singh Deo.
Federal Court judge James Foong heads the panel.He is assisted by former Federal Court judge Abdul Kadir Sulaiman, former Appeals Court judge T Selventhiranathan, Penang Hospital's forensic pathologist Dr Bhupinder Singh and dean of Cyberjaya Medical Science College University Professor Dr Mohamed Hatta Shaharom.
The commission is tasked with probing the cause of Beng Hock's death and to assess whether the Malaysian Anti-Corruption Commission (MACC) had followed proper procedures when questioning Teoh as a witness into alleged misuse of Selangor government funds by his employer.
Beng Hock's family has submitted several requests, including one for the list of witnesses, as well as to postpone the inquiry so that the lawyers can reschedule other cases.
Karpal has to attend to the Anwar Ibrahim's sodomy trial, which resumed today in a courtroom nearby.
The commission's first agenda was to hear arguments by Karpal, Gobind and Malik Imtiaz, who want the commission to postpone its hearing. The lawyers argued that this is necessary because the Attorney-General's Chambers have filed for revision of the coroner's 'open verdict' in the inquest. The case will come up for hearing on Thursday at the Shah Alam High Court.
Karpal told the commission that it was an "inferior tribunal" to the High Court.
Gobind next argued that senior federal counsel Amarjeet Singh and DPPs Awang Armadajaya Awang Mahmud and Kwan Li Sa, who are acting as the commission's conducting officers, would be unable to act independently because of the revision application."As I understand from the matter (in Shah Alam High Court) they are pressing for a ruling of suicide, but here they are saying that they are open to handling the inquiry without bias," said Gobind.
He said the role of the conducting officers may not be non-partisan, as their commanding officer, the attorney-general, is their superior."Do they dare to bring forth evidence which would implicate their superiors? If we are to send a signal to the public that this is an independent inquiry, then we should hire independent officers," he said.The conducting officers should be dismissed, he added.
He said the role of the conducting officers may not be non-partisan, as their commanding officer, the attorney-general, is their superior."Do they dare to bring forth evidence which would implicate their superiors? If we are to send a signal to the public that this is an independent inquiry, then we should hire independent officers," he said.The conducting officers should be dismissed, he added.
DPP: AG's Chambers have no say
In reply, Amarjeet said the DPPs' authority is derived from the Agong, based on their appointment letters, and not from the AG's Chambers. "It was not the prosecution which ordered an inquest. It was the Shah Alam Magistrate's Court that saw fit to hold one. The AG's Chambers just assisted," he said.
"The (duty of the) inquest and the commission of inquiry is to inquire. It can inquire into new areas and order investigations... And after the appointments, we are directed and controlled only by the commission."He said that he and his colleagues will only be relieved of their duties to the commission once the inquiry is concluded.
"We are here to collect the information, to run around and get the evidence. If there is any shortcoming, the commission can instruct for more (investigations) and it is also the role of counsels present to fill in the gaps if anything is missed," he said. Referring to Gobind's submission that they should be sacked, Amarjeet said: "It doesn't have the jurisdiction to make such a ruling. How the AG wishes to proceed is not a concern of the commission."
"We are here to collect the information, to run around and get the evidence. If there is any shortcoming, the commission can instruct for more (investigations) and it is also the role of counsels present to fill in the gaps if anything is missed," he said. Referring to Gobind's submission that they should be sacked, Amarjeet said: "It doesn't have the jurisdiction to make such a ruling. How the AG wishes to proceed is not a concern of the commission."
Foong stressed that the commission does not solely rely on conducting officers.
"We are looking at every angle. Our reputation is at stake. I didn't get on the bench for 20 over years for my reputation to go down the drain," he said.
"We are looking at every angle. Our reputation is at stake. I didn't get on the bench for 20 over years for my reputation to go down the drain," he said.
Panel's decisions
After deliberating for 30 minutes, the commission ruled that the hearing would proceed pending the disposal of the revision application. Foong said the commission would decide on its next course of action after the High Court delivers its ruling.
He assured that the three DPPs will act independently, noting that they can be removed at the commission's discretion. The panel also intends to seek the "services of independent investigators", whose identity will be disclosed later.
Karpal said the lawyers would file for judicial review of the commission's decision and requested that the commission be adjourned until 2pm on Wednesday.
Although Foong disagreed with this initially, Karpal argued that the lawyers need time to prepare for the judicial review and to file a certificate of urgency for the matter to be heard as soon as possible.
Foong expressed hope that a High Court in Kuala Lumpur would be able to conclude the matter by Wednesday morning.Adjourning the inquiry to this afternoon, he indicated that the panel members and accompanying officers would be visiting the scene of the incident in Shah Alam.
Although Foong disagreed with this initially, Karpal argued that the lawyers need time to prepare for the judicial review and to file a certificate of urgency for the matter to be heard as soon as possible.
Foong expressed hope that a High Court in Kuala Lumpur would be able to conclude the matter by Wednesday morning.Adjourning the inquiry to this afternoon, he indicated that the panel members and accompanying officers would be visiting the scene of the incident in Shah Alam.
Beng Hock was found dead on the fifth floor landing of Plaza Masalam in Shah Alam after being interrogated overnight on July 15, 2009. The Selangor MACC headquarters is located on Level 14 of the building.
'Witness list not final'
Over the next three months, the commission is expected to question 36 witnesses who had testified during the inquest.
They include pathologist Dr Khairul Azman Ibrahim and Dr Prashant Naresh Samberkar.
They include pathologist Dr Khairul Azman Ibrahim and Dr Prashant Naresh Samberkar.
However, Gobind criticised the witness list because Thai forensic pathologist Dr Pornthip Rojanasunand was left out in spite of her testimony on pre-fall injuries sustained by Teoh.
Pornthip, who had been engaged by the Selangor government, testified that there was an 80 percent chance that Teoh was murdered based on a post-mortem report.
Foong countered that the list is not final and that the commission can include Pornthip if any of the parties thinks this is necessary.
He assured that if the family cannot afford to bring in Pornthip, assistance could be provided.
Pornthip, who had been engaged by the Selangor government, testified that there was an 80 percent chance that Teoh was murdered based on a post-mortem report.
Foong countered that the list is not final and that the commission can include Pornthip if any of the parties thinks this is necessary.
He assured that if the family cannot afford to bring in Pornthip, assistance could be provided.
Gobind later told reporters that the lawyers would like to include Sivanesan Tanggavelu, a former MACC detainee who testified that he was tortured while in custody.
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