MACC has '25 hours a day', free to probe Home Ministry officers: Saifuddin
Home Minister Saifuddin Nasution Ismail has voiced his full support for MACC in carrying out its duties following the arrest of two Home Ministry officers in an anti-graft operation, dubbed Op Outlander, recently.
Saifuddin even said he would refrain from further comment, stressing his trust in the integrity of the investigation process.
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Free Malaysia Today
5 hours ago
- Free Malaysia Today
AG can still order police probe into Beng Hock's death, says lawyer
Teoh Beng Hock died on July 16, 2009 after being questioned for hours by MACC officers. PETALING JAYA : The attorney-general (AG) can still direct that the police investigate who was responsible for the death of former political aide Teoh Beng Hock under a more serious offence based on a Court of Appeal ruling issued 11 years ago, a lawyer said today. Salim Bashir said investigations could be conducted for culpable homicide not amounting to murder, causing death by negligence, or voluntarily causing grievous hurt. 'The Court of Appeal in 2014 found that Teoh's death was accelerated by the 'unlawful acts of persons unknown' and that the AG could direct the police to conduct further investigations,' he told FMT. He said there is no limitation period within which charges must be brought against a suspect. However, the prosecution must ensure that it is able to call the necessary witnesses and present the required evidence in court to support the charge, he added. Salim was speaking to FMT after two senior DAP leaders called for AG Dusuki Mokhtar to explain in detail why he thinks there is insufficient evidence to prosecute anyone for criminal offences which may have resulted in Teoh's death. Speaking on behalf of the party's central committee, its national chairman Gobind Singh Deo and secretary-general Loke Siew Fook called on the AG to review his decision and push ahead with charges against those responsible without further delay. FMT has contacted Dusuki, who is also the public prosecutor, for his response. Salim, a former Malaysian Bar president, said the AG under Article 145(3) of the Federal Constitution and Section 376 of the Criminal Procedure Code had the discretion whether to prosecute a suspect, and which provision of the law to utilise. Last week, lawyer-activist M Visvanathan told a gathering in solidarity with Teoh's family that three doctors had during an inquiry said that the deceased had injuries to his neck, which occurred before he fell from the fifth floor of Plaza Masalam in Shah Alam. 'These injuries would have been capable of making Teoh immobile or unconscious,' he said when contacted, adding that a judge in the Court of Appeal bench stated that there was no necessity to 'engage Sherlock Holmes to investigate because the circumstances are so credible'. Visvanathan said it was absurd for police to confine their recent investigation to wrongful confinement under Section 342 of the Penal Code as Teoh had been detained by the Malaysian Anti-Corruption Commission (MACC) for lawful investigations. Lawyer Rafique Rashid Ali called for the AG to issue a press conference instead of a letter to Teoh's family explaining why he had classified the case as requiring no further action (NFA). 'As the guardian of public interest, the AG should be transparent and accountable as this is a high-profile public interest case, and there needs to be closure to the family's predicament,' he said. Rafique said that in October 1994, then AG Mohtar Abdullah announced through the media that he was not pressing charges against an influential political leader as he had no prima facie evidence to pursue a charge of raping an underaged girl. However, Mohtar said he was not exonerating the suspect of the alleged offence. He said another AG, Apandi Ali, had in January 2016 told the media that then prime minister Najib Razak had been cleared of any criminal wrongdoing in the RM2.6 billion channelled into Najib's bank accounts and finance ministry-owned firm SRC International Sdn Bhd. Apandi said there was 'insufficient evidence' to implicate Najib and ordered MACC to close its three investigation papers. However, in 2018, Najib was charged with corruption in the SRC International and 1MDB case. Teoh died on July 16, 2009 after being questioned for hours by MACC officers. An inquest was held and the coroner returned an open verdict. However, the Court of Appeal ruled that Teoh's death was caused by 'one or more persons unknown', including MACC officers. In 2019, police launched an investigation under Section 342 of the Penal Code for wrongful confinement. In November last year, the High Court ordered the police to complete its long-delayed investigations within six months. Before 2018, two special investigation teams were set up – one in 2011 and the other in 2015 – to look into Teoh's death. Both cases were classified as NFA by the public prosecutor.
New Straits Times
20 hours ago
- New Straits Times
Former MACC chief urges reform on travel restrictions
KUALA LUMPUR: Former Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Dzulkifli Ahmad has called for institutional reforms to ensure that any authority enforcing movement restrictions on individuals operates under legal oversight, with full accountability and transparency. He said such reforms are essential to uphold justice for all individuals and to preserve the rule of law. Dzulkifli said the practice of imposing movement restrictions without due process or transparency must be stopped. "This is not merely a personal inconvenience. "It clearly violates Article 9(2) of the Federal Constitution, which guarantees every citizen the right to move freely within Malaysia and to leave the country. "Restrictions imposed without due process or transparency are unethical, unlawful, and unconstitutional. "This practice must end," he said in a statement today. He was commenting on the recent incident involving activist and graphic artist Fahmi Reza, who claimed he was barred from leaving the country after being blacklisted from entering Sabah. Dzulkifli also shared his personal experience of facing travel restrictions imposed by the anti-graft body in 2018. "What happened to Fahmi Reza is, unfortunately, nothing new. Many others have gone through the same thing, including myself. "After the 2018 general election, when there was a change in government and I had retired from public service, I was barred from leaving the country. My applications to perform umrah were rejected twice. "I was shocked, and a check with the Immigration Department revealed that the restriction was requested by the MACC, an agency I once led as chief commissioner. "The travel ban was only lifted during the administration of the country's ninth prime minister (Datuk Seri Ismail Sabri Yaakob), after I personally requested the MACC to review the matter," he claimed. Yesterday, Fahmi claimed he was prevented from leaving the country after immigration officers at KLIA informed him that he had been blacklisted. Earlier today, Inspector-General of Police Tan Sri Razarudin Husain said in a statement that no official travel restriction had been imposed on Fahmi, whose full name is Mohd Fahmi Reza Mohd Zarin. Razarudin, however, said Fahmi's name was placed on a movement monitoring list for internal police reference, as investigations involving him are still ongoing.
New Straits Times
a day ago
- New Straits Times
NFA in Teoh Beng Hock case: DAP seeks clarification from A-G
KUALA LUMPUR: DAP has called on Attorney-General Tan Sri Mohd Dusuki Mokhtar to provide a detailed explanation for his decision not to pursue criminal charges in the case involving the death of political aide Teoh Beng Hock. In a joint statement issued by DAP national chairman Gobind Singh Deo and secretary-general Anthony Loke Siew Fook, the party expressed disappointment over the Attorney-General's decision to classify the case as "no further action" (NFA), despite previous court rulings that pointed to foul play. "The Attorney-General must explain why he believes there is insufficient evidence to prosecute anyone for Teoh Beng Hock's death, especially in light of the findings of the Court of Appeal and civil proceedings," the statement read. According to DAP, the case was referred to the Attorney-General by police on May 21 and was subsequently classified as NFA. A letter dated May 30 was later sent to the family's legal representatives, stating that the investigations did not uncover sufficient evidence to support a criminal prosecution. Teoh, who was a political aide to a Selangor state executive councillor, died in 2009 while in the custody of the Malaysian Anti-Corruption Commission (MACC). "DAP has been consistently calling for accountability in the case. "The party previously assembled a legal team that initiated an inquest into Teoh's death, which revealed bruising on his neck. "However, the 2011 Coroner's Court returned an open verdict." Subsequent legal challenges saw the Court of Appeal overturn the Coroner's decision, concluding in 2014 that Teoh's death resulted from "an unlawful act or acts of persons unknown, inclusive of MACC officers who were involved in the arrest and investigation." In a related civil suit, the government and MACC admitted liability for negligence, resulting in a RM600,000 settlement to Teoh's family, along with RM60,000 in costs. "These court decisions form a solid basis for further investigation to identify those responsible for Teoh Beng Hock's death. "Whilst the duty to investigate the case and to identify those responsible lies with the police, it is for the Attorney-General to decide his next step based on that investigation," the statement added. The party also voiced its support for the family's reported move to challenge the NFA decision via a judicial review. "We call upon the Attorney-General to reconsider his decision and move forward with pressing charges against those responsible, without further delay."
