Media statement by Teo Nie Ching in Kuala Lumpur on Thursday, 5^th April 2012:

Justice denied; No closure for Teoh Beng Hock's family

Yesterday was Qingming (or Tomb Sweeping Day), a Chinese festival that is marked by people tending to the graves of departed ones.

This is the 3rd year that Teoh Beng Hock's family is visiting his grave in Semenyih. We note with profound sadness that it has been almost 2 years and 9 months since Beng Hock was found dead on the rooftop of the 5^th floor of the same building that houses the MACC headquarters on July 16, 2009, and today we are no closer to finding out the truth.

After the Coroner Azmil Muntapha Abas returned an open verdict into the death of Teoh Beng Hock, a Royal Commission of Inquiry (RCI) was set up to probe the death of Teoh Beng Hock and the circumstances surrounding and contributing to his death. A 124-page report was then presented to the Yang Di-Pertuan Agong on June 22, 2011.

The RCI report clearly pointed out that Arman Alies (the investigation officer known as "the bully"), Mohd Ashraf Mohd Yunus (the assistant investigating officer known as "the abuser") and Hishammuddin Hashim ("the arrogant leader" who is also former deputy director of MACC Selangor) were guilty of excessive use of violence on Beng Hock, therefore the police have more than enough reason to commence investigations against the trio for possible offences under Sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder and for causing the death of Teoh Beng Hock by negligence, respectively.

Apart from that, there were 10 MACC officers who gave false testimonies during the RCI proceedings. They should be investigated under Sections 191 and 192 of the Penal Code for giving false evidence and fabricating evidence to protect certain parties from being held responsible for Beng Hock's death.

However, a written parliamentary reply from Dato' Seri Mohamed Nazri Abdul Aziz dated March 29, 2012 to YB Dr Lee Boon Chye revealed that no legal action will be taken against MACC trio:

"Jabatan Peguam Negera telah meneliti keterangan yang dikemukakan oleh pihak Polis DiRaja Malaysia (PDRM) hasil daripada siasatan semasa prosiding inkues dan Laporan Suruhanjaya Siasatan DiRaja yang ditubuhkan bagi menyiasat kematian Teoh Beng Hock.

Hasil penelitian yang dibuat secara terperinci, Jabatan Peguam Negara mendapati tidak wujud kesalahan jenayah oleh 3 orang pegawai SPRM tersebut bagi apa-apa kesalahan di bawah Kanun Keseksaan [Akta 574] atau Akta Suruhanjaya Pencegahan Rasuah Malaysia 2009 [Akta 694]. Sehubungan itu, tiada tindakan undang-undang telah diambil terhadap ketiga-tiga pegawai SPRM tersebut."

However, the written reply from Dato' Seri Mohamed Nazri to me yesterday (April 4, 2012) claimed that:

The decision of the Attorney-General has made a complete mockery of the entire RCI proceedings. A life was lost and our Government spent RM1 million to set up the RCI. And yet, despite the fact that the RCI report clearly pointed out the 3 MACC officers as having used excessive force, none of them will be held responsible and accountable for their actions. More shockingly, the "arrogant leader" Hishammuddin Hashim was rewarded by being promoted to the post of Negeri Sembilan MACC director.

In addition to that, the investigation conducted on Selangor Exco YB Ean Yong Hian Wah was also politically motivated. Around the time of June 21, 2009, Hishammuddin Hashim received information from a source alleging that Selangor state assemblymen were submitting false claims. Acting on this information, Hishammuddin Hashim requested for officers from other MACC branches in Selangor as well as from HQ to assist. All in all, 35 officers were roped in to investigate the allegation. Not a single one of the Selangor state assemblypersons was charged in court.

During the RCI, the Commissioners found that there was a "blue wall of silence" as evidenced by the untruths spouted by MACC officers to cover up the nefarious activities that took place on the 15^th and the 16^th of July, 2009. [Paragraph 362 of the RCI Report]

Fast forward to the present, and today, we are confronted by the political decision that no one will be charged in court for the death of Teoh Beng Hock. No words can describe the extreme hurt, disappointment, hopelessness and despair that we feel as a result of this unjust and outrageous outcome.

This is a grave travesty of justice and a great blow to all concerned and upright Malaysians who deserve to know the truth about what happened to a bright and promising young man.

* Teo Nie Ching, DAP Assistant National Publicity Secretary & MP for Serdang