Press Statement by Teresa Kok in Kuala Lumpur on Saturday, 21^st November 2009:

AG Gani Patail’s intention to appeal High Court ruling lacks common sense and common decency

It is appalling that Attorney General Gani-Patail wants to appeal the landmark ruling by the High Court that it is illegal for Malaysian Anti-Corruption Commission (MACC) to interrogate witnesses through the night, despite reports that the MACC will abide by the decision. (Source:http://thestar.com.my/news/story.asp?file=/2009/11/20/nation/5148865&sec=nation).

This ruling was made by Justice Mohamad Ariff on Tan Boon Hwa’s suit against the MACC for detaining him on 16 July 2009, and questioning him until the next morning.

Gani Patail’s determination to appeal shows a dire lack of common sense to know that “day-to-day” cannot possibly mean 24 hours after 24 hours ad infinitum. To question unceasingly without due consideration for a witness’ or even a suspect’s health and safety is torture and torture is an infringement upon human rights.

To add insult to injury, Gani Patail’s intention to appeal also indicates a lack of common decency to recognise that MACC’s overnight questioning of Tan Boon Hwa occurred on the same night as the late Teoh Beng Hock’s own overnight questioning until 3.45am the next morning. Teoh was then found dead on MACC premises in unexplained circumstances the next afternoon.

There is no evidence in which to exonerate MACC from the blame of the death of Teoh as even Thai pathologist Dr Pornthip Rojanasunand has already testified in court that she believes that there is only a 20% chance that he had committed suicide.

As I write this, Teoh is being exhumed for a second post mortem in an attempt to establish the cause and circumstances which led to his sudden and unexpected death.

I urge Gani Patail to respect the court's decision and not waste time appealing the ruling and instead focus his energy on prosecuting the true offenders of the law.

* Teresa Kok Suh Sim, Selangor State Senior Exco & MP for Seputeh