LoyarBocor: TBH RCI Bar’s Submission – Manslaughter, Lies & Cover Up

LoyarBurokkers Marcus van Geyzel and NH Chan rubbished the Royal Commission report on Teoh Beng Hock’s death.

Now, the much-awaited Malaysian Bar’s submission to the Royal Commission investigating Teoh Beng Hock’s death dated 25 March 2011 is finally here.

The Bar recommended as follows:

• That the Commission do make a finding that TBH was in the care and custody of MACC and its officers at the time of TBH’s death.

• That the Commission do make a finding that MACC and its officers have perpetrated a cover up with respect to the circumstances surrounding and contributing to the death of TBH.

• That the Commission do make a finding that MACC and its officers have failed to discharge their obligations and duties to account for the death of TBH.

• That the Commission do make a finding that MACC and its officers are responsible for the death of TBH.

• That the Commission do recommend that the Government of Malaysia and MACC do consider offering an unqualified written apology to the family of the late TBH and to the citizens of Malaysia for the death of TBH.

• That the Commission do recommend that the Government of Malaysia and MACC do consider making reasonable recompense to the family of TBH in respect of the death of TBH.

• That the Commission do recommend the following:

1. That the relevant authorities do investigate Hishamuddin, Hairul, Anuar, Ashraf and Zulkefly under s. 304 of the Penal Code (PC) for culpable homicide not amounting to murder for the death of TBH.
2. That the relevant authorities do investigate Hishamuddin, Hairul, Anuar, Ashraf and Zulkefly under s. 304A of the PC for causing the death of TBH by negligence.
3. That the relevant authorities do investigate Hishamuddin, Hairul, Anuar, Arman, Ashraf, Nadzri, Bulkini, Effezul, Zulkefly, Raymond, and the other officers involved in the 52/2009 operation, under ss. 120A of the PC for criminal conspiracy in the cover up of the death of TBH.
4. That the relevant authorities do investigate Hishamuddin, Hairul, Anuar, Arman, Ashraf, Nadzri, Bulkini, Effezul, Zulkefly, Raymond, and the other officers involved in the 52/2009 operation, under ss. 107, 108, 511 of the PC for abetment and attempting to abet in the death of TBH and in the cover up of the death of TBH.
5. That the relevant authorities do investigate Hishamuddin, Hairul, Anuar, Arman, Ashraf, Nadzri, Bulkini, Effezul, Zulkefly, Raymond, and the other officers involved in the 52/2009 operation, under ss. 191 and 192 of the PC for giving false evidence and fabricating evidence with respect to the death of TBH.
6. That the relevant authorities do investigate Hishamuddin, Hairul, Anuar, Arman, Ashraf, Nadzri, Bulkini, Effezul, Zulkefly, Raymond, and the other officers involved in the 52/2009 operation, under ss. 201 to 204, 218 and 464 of the PC for destruction of, tampering with, causing the disappearance of evidence, and framing incorrect records or writing with intent to save a person from punishment with respect to the death of TBH.
7. That the MACC do commence an internal inquiry in respect of Hishamuddin, Hairul, Anuar, Arman, Ashraf, Nadzri, Bulkini, Effezul, Zulkefly, Raymond, and the other officers involved in the 52/2009 operation in respect of misconduct for the death of TBH and the cover up in respect of the death of TBH.

No holds barred writing – as it should have been. Detailed, comprehensive (perhaps to a fault), and complete with a chronological time-line of key moments hours before and after Beng Hock’s death, this 334-page submission is probably the definitive word on the subject.