Malaysia

Teoh Beng Hock case: High Court grants leave for judicial review against police


In the application filed on January 4, the couple had sought a declaration that a failure on the part of the first, second and third respondents to complete investigations into their son’s death within a reasonable period of time had violated Section 20 (3) of the Police Act 1967. — Picture by Hari Anggara

In the application filed on January 4, the couple had sought a declaration that a failure on the part of the first, second and third respondents to complete investigations into their son’s death within a reasonable period of time had violated Section 20 (3) of the Police Act 1967. — Picture by Hari Anggara

Thursday, 16 Jun 2022 7:26 PM MYT

KUALA LUMPUR, June 16 — The High Court here today granted leave to the parents of the late Teoh Beng Hock to initiate judicial review proceedings for the Royal Malaysian Police (PDRM) to complete investigations into their son’s death almost 13 years ago.

This was after Judge Datuk Noorin Badaruddin dismissed the Attorney General’s Chambers’ (AGC) objection to the application submitted by Beng Hock’s parents, Teoh Leong Hwee, 74, and Teng Shuw Hoi, 69, before fixing June 30 for case management.

The proceedings today involved senior federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly as well as federal counsel Mohammad Sallehuddin Md Ali from the AGC, acting on behalf of the Inspector-General of Police, the PDRM Criminal Investigation Department director, PDRM and the Malaysian government as the first to fourth respondents.

Beng Hock’s parents were represented by lawyers Ramkarpal Singh, Harshaan Zamani and Simranjit Kaur.

In the application filed on January 4, the couple had sought a declaration that a failure on the part of the first, second and third respondents to complete investigations into their son’s death within a reasonable period of time had violated Section 20 (3) of the Police Act 1967.

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They also sought a declaration that the police had committed negligence and attempted to deny the applicants’ constitutional rights as stated under Article 8 of the Federal Constitution, in addition to applying for a mandamus order for the first respondent (Inspector-General of Police) to complete the investigation into Beng Hock’s death within a month’s time from the date the verdict is delivered.

The application was filed on the grounds that although three special task forces were set up to investigate the cause of their son’s death, the investigation was found to be incomplete, based on a letter from the second respondent dated September 21, 2021, which stated that the AGC had returned the investigation papers to the IGP on September 3, 2021.

According to the applicants, the investigation papers had been repeatedly returned to the first, second and third respondents by the Attorney General’s Chambers for further investigation.

Beng Hock was found sprawled on the fifth floor landing of Plaza Masalam in Shah Alam on the morning of July 16, 2009, after giving a statement at the Malaysian Anti-Corruption Commission office located on the 14th floor of the building.

He was the political secretary to the then Selangor State Executive Councillor Ean Yong Hian Wah, who is also Seri Kembangan assemblyman.

On January 5, 2011, the Shah Alam Coroner’s Court ruled that Beng Hock’s death in 2009 was not due to suicide or murder or third party involvement, while the Royal Commission of Inquiry into Beng Hock’s death on July 21, 2011, established that he had committed suicide.

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On September 5, 2014, the Court of Appeal overturned the open verdict on the death of Beng Hock and ruled that the death resulted from an unlawful act by a person or persons unknown. — Bernama



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