Categorized | Commentary

The Teoh Beng Hock RCI verdict

22 July 2011 By TK Tan | TinyURL TM

Reading about the conclusions of the Teoh Beng Hock RCI, I have several conclusions of my own.

1. There is no evidential basis for the suicide verdict

“The result of the Commission’s investigations shows that TBH was not murdered but that he felt burdened and pressured by the aggressive and continuous questioning session, supported by his weak character, had caused him to commit suicide,” (Nasri) told a news conference in Parliament today.

“The facts on the suicide were supported by testimony from a psychiatric forensic expert, Professor Paul Edward Mullen, who was hired by the Bar Council.

“Prof Mullen said TBH (Teoh Beng Hock) had truly committed suicide based on his character that had changed from a low-risk group to a high-risk group for suicide after undergoing a continuous and aggressive questioning session,” he said.

TheSun reported Nasri as saying, “The RCI found that the MACC officers had no reason or intention to kill Teoh,” he told a press conference at Parliament building. “Therefore, Teoh was not killed by anyone else.”

The verdict came about because a) the RCI found no motive for any of the MACC investigators to cause TBH’s death; b) Professor Paul Edward Mullen feels that there is a strong possibility that that night of intense questioning changed TBH’s state of mind into one that is a high-risk suicide.

Clearly Professor Mullen never got the chance to examine TBH and since the change happened overnight he obviously felt that the tactics and interrogating procedures employed by the MACC investigators were sufficiently intense and brutal to cause a low-risk suicide (remember TBH was to be married the next day) to become a high-risk suicide. In other words the Professor believes that the interrogation by the MACC investigators were sufficiently cruel and could, and probably did, induce suicide.

2. The circumstantial evidence point to the MACC investigators

If you follow what I wrote above, then you understand when I say that the RCI verdict actually points the finger at the MACC investigators. It clears them of murder – malice aforethought – but basically says that looking at all that was done to TBH by the MACC investigators, the panel believes that these were sufficient to conclude that they caused TBH to enter into a state of mind where suicide is a high possibility.

Other articles, drawn from the RCI report, paint a picture of officers who did not seem to be after truth, such as “RCI: Senior graftbuster launched Selangor investigation on ‘mere belief’” and “RCI names MACC men as ‘abuser’, ‘bully’ and ‘the arrogant leader’”, which quotes the report:

  • “TBH appeared to have been propelled into a fear-inducing situation as shown by the pattern of calls that he made when the MACC officers were conducting their investigations into the office. He needed reassurance form his colleagues… he was pacified when given the chance by Anuar to discuss his concerns privately for a few minutes with both YB and Manoharan in the SUK building before he was taken away to the Selangor office but when not allowed to see them after that he was cut off from outside world
  • “Taking away his mobilephone would have meant robbing him of his means to reality and sanity. And the MACC officers did just that. Thus for the first time in his life, TBH found himself totally and completely isolated from the outside world and thrust into desolation… This was a gross violation of TBH’s personal right, whch would have compounded his anxiety and worry
  • “Arman and Ashraf behaved like inquisitors in an inquisition at the second stage of the interrogation. They instilled doubts and fears into TBH as regards the Treasury directives… TBH had to face MACC interrogation heavyweights like Arman the bully [who would manipulate his witness to obtain evidence], Ashraf the abuser [who was Machiavellian in his method to secure evidence] and HH the arrogant leader [who would have no qualms in lying as long as the ends were achieved, regardless of the means employed].
  • The RCI noted that HH had been described by his fellow officers as a “workaholic” and an ambitious person who put fear in his colleagues, “Thus, it was not at all surprising that most of his officers… had the inevitable habit of lying.
  • “By the time the fourth or final stage of the interrogation was over, TBH would have been almost a mental and physical wreck.”

In other words, the RCI concluded that the officers involved in the investigation that led to the interrogation of TBH, and subsequently led to his death, were not men of honour, men of integrity, men with objective motives. They had used, in the words of TheSun article, “aggressive, inappropriate methods and had, therefore, violated procedures.”

3. The suicide verdict paves the way to indict the MACC trio.

There is no hard evidence of suicide, murder or misadventure. That is why the coroner gave an open verdict. The RCI was able to go beyond the simple question of the cause of death and investigate the circumstances surrounding the death. Without the RCI fingers could not be pointed at the MACC trio. If the RCI gave an inconclusive verdict then the trio cannot be dealt with. By giving the verdict that is most palatable evidentially, the RCI panel paves the way for the MACC trio to be punished.

In the wake of the RCI panel’s encounter of a “blue wall of silence” which hampered its investigations, its conclusions, the testimony that has come out of the Sarbani inquest, there is little basis for us to think that MACC officers are men of honour and integrity. Much of this, I believe, lie at the feet of the home minister. Certainly it remains to be seen what will be done with the MACC trio, but I am not hopeful.

My heart and prayer go out to Teoh’s family, whose grief and suffering has been dragged out in such a cruel fashion.

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