S Pathmawathy
Apr 20, 11
3:45pm
A senior police officer testified today that only after the death of Teoh Beng Hock did the Malaysian Anti-Corruption Commission (MACC) cooperate in police investigations.
DSP Kamaruddin Ismail of the Shah Alam police Criminal Investigation Department told the royal commission of inquiry into the DAP political aide's death that 20 investigation papers were opened from March 2005 to July 2009 on complaints of abuse and torture against MACC officers.
However, it took two to four years after the complaints were lodged for identification parades to be arranged for complainants to point out their assailants because of the "lack of cooperation from the MACC", Kamaruddin said.
"Immediately after Teoh's death, the MACC was more cooperative," he said, drawing laughter from those present.
Bar Council lawyer Cheow Wee asked Kamaruddin if he had quizzed the MACC about its sudden willingness to cooperate, but commission chairperson Justice James Foong interjected, asking, "Isn't it obvious?"
Foong asked: "Can you point out the cases where you had a hard time getting cooperation from the MACC?"
The reply from Kamaruddin: "I can't tell for sure... but from my monitoring, I find that the MACC investigators have a problem in working with the police.
"When they are called to the police station (for their statements to be recorded) they don't show up and the police have to go to their office to get the statements."
Commissioner T Selventhiranathan then asked the police officer if it was "extraordinary" for the anti-corruption body not to show up despite police orders, to which Kamaruddin said: "Yes, they have to come, but they don't...
"And, because they are government servants, we are more diplomatic and we go to their place to get their statements."
'Wrote in to the MACC'
Over a period of four years from 2008, Kamaruddin said, police arranged 31 identification parades for leads into their investigations into complaints against the MACC.
Of the 20 reports lodged against Selangor MACC, he added, 13 were directed at MACC assistant enforcement officer Mohd Ashraf Mohd Yunus (
right) for causing hurt to the complainants.
Ashraf was one of several Selangor MACC officers who had questioned Teoh over alleged irregularities in the disbursement of funds by his employer, Seri Kembangan assemblyperson Ean Yong Hian Wah.
Teoh, who was Ean Yong's political secretary, was taken as a witness to the Selangor MACC headquarters on the 14th floor of Plaza Masalam in Shah Alam for questioning on July 15, 2009.
He was found dead on the landing of the fifth floor of the building on the afternoon of the next day.
Kamuruddin also told the panel that 20 investigation papers were forwarded to the public prosecutor for further action, while 13 investigation files were yet to be completed and seven marked as 'NFA' or no further action.
Asked why these cases were rendered 'NFA', Kamaruddin said there were several reasons, among them the lack of cooperation from the MACC and the retraction of police reports made by some of the complainants.
“Was the a reason there was no decision? Was it because there were no documents?” asked Foong.
Kamaruddin: Yes, there are situations when they say the documents are lost, investigation diaries missing, security guard's log books go missing.
Foong: But did you write personally to them requesting for it?
Kamaruddin: Yes, but no reply yet.
The police officer said that he had written to the then-Selangor Anti-Corruption Agency (ACA) on May 27, 2008.
Foong: What was the reply?
Kamaruddin: I wrote in and asked some officers to attend an identification parade and I received a reply from the ACA the next day, signed by deputy director Hishamuddin Hashim, saying the officer is involved in an operation.
In the second paragraph of the letter he (Hishamuddin) said that he needs to get the opinion from the senior federal counsel in charge of the agency' prosecution department whether to attend the parade.
Selventhiranathan: Say Hishamuddin comes here and tells us (the inquiry) that he doesn't know at all about this investigation, he is lying?
Kamaruddin: Yes, I believe so... because he signed the letter written on May 28, 2008.
Foong: Did you take follow-up measures? Did you seek instrcutions from the IGP (inspector-general of police) or AG (attorney-general)?
Kamaruddin: We waited for his answer, after May 28, 2008, because he said he will let us know.
“Three years down the road, and you are still waiting?” mocked Selventhiranathan, to which Kamaruddin nodded.
Police waited for orders from prosecution Although Kamaruddin did not discount the inefficiencies of police investigator in following up with the MACC on the complaints, he blamed most of the dilly-dally and weaknesses on the anti-graft agency.
In the 20 reports lodged, 15 had certified medical examination reports that the complainants were physically harmed and assaulted.
Some of the common accusations were that they were blindfolded, beaten on the palms of their feet using electrical cables and kicked on the thighs, as well as stripped of their clothes and hit on the genitals.
“Since the complaints were made on physical abuse, don't the police have the powers to arrest... since there are elements of a crime committed?” asked Cheow.
“Because it wasn't severe injuries, we categorised it under Section 323 (of the Penal Code),” Kamaruddin said, and added that the police waited for an order to investigate from the public prosecutor as it was a compoundable offence.
Kamaruddin added that he was asked by his superiors on the progress of investigations into the abuse complaints and he had forwarded the letter he received from Hishamuddin.
According to him, his commanding officers had discussed the matter with the MACC chief and then instructed that all graft-busters involved to attend an identification parade on Sept 14, 2009.
Nevertheless, despite the fact that some positive identifications were made, no charges have been pressed.
To this, Kamaruddin said that whenever the police send in investigation papers, they are forwarded back with further instructions.
“The DPP (deputy public prosecutor) sometimes needs more supporting documents or they need to ask specific question to the complainant and record the statement again,” he explained.
Cheow also asked on the retraction of report lodged by the complainants. “If it is retracted won't be that they had lied when lodging the allegation?”
“We consult the DPP and they direct us to record another statement from the complainants to state the reasons the report was withdrawn,” replied Kamaruddin.
He added that it was normally done by complainants who did not face charges by the anti-corruption body and therefore, they did not want to prolong the matter.
MACC lawyer Muhammad Shafee Abdullah, who cross-examined Kamaruddin after Cheow, tried to establish that similar complaints of abuse were sometimes made against the police.
“Before Teoh's case, all complaints lodged were by suspects right, not witnesses? Allegations of these kind are not only levelled against the MACC officers, it also happens to the police?” asked Shafee, to which Kamaruddin agreed.
The senior police officer affirmed that in his experience there have been instances where suspects make claims of abuse to obstruct investigation into their alleged crimes.
After Kamaruddin gave his testimony, MACC assistant enforcement officer Bulkini Paharuddin took the stand.
The inquiry resumes tomorrow.
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