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RCI-TBH (Day 46): Professor Gives Evidence on Physics of Fall

Wednesday, 04 May 2011 10:35am

Contributed by Richard Wee & Yip Xiaoheng

The Bar Council’s team of solicitors at the Royal Commission of Inquiry (“RCI”) investigating Teoh Beng Hock’s death (“RCI-TBH”) will provide regular updates on the proceedings. For ease of reference, all reports will bear the heading “RCI-TBH”.

3 May 2011 – Today marked the 46th day of the RCI, held, inter alia, to investigate the death of Teoh Beng Hock, who had been found dead on 16 July 2009. The RCI continued with the examination of YB M Manoharan.

YB M Manoharan was a relevant witness as he had been the lawyer Teoh Beng Hock had tried to contact on the day he had been called up by Malaysian Anti-Corruption Commission (“MACC”) for questioning. He gave evidence that YB Ean Yong Hian Wah, Teoh Beng Hock and himself, had given full cooperation to the MACC officers involved in the operation.

During examination, YB M Manoharan testified that he had requested Teoh Beng Hock to be allowed to have his statement taken the next day in his presence. However, the investigating officer in the operation had insisted that Teoh Beng Hock’s statement be recorded immediately.

However, Anuar Ismail, who had been the investigating officer from MACC, had agreed to YB M Manoharan’s request to be present with Teoh Beng Hock when his statement was to be recorded. YB M Manoharan claimed that MACC had renegaded on this agreement when he had been at the MACC office as he had not been allowed to meet Teoh Beng Hock or Anuar Ismail.

The next witness to take the stand was Woo Chuan Sing. Woo Chuan Sing had been a close friend of Teoh Beng Hock for 10 years. During his testimony, he said that Teoh Beng Hock had been a friendly and helpful person. Their last conversation had been on the morning of 15 July 2009, whereby Teoh Beng Hock had requested for him to be his “brother” at his wedding, which had been scheduled for 3 Oct 2009.

The third witness of the day was Ooi Haw Voon (Mandy), secretary to YB Teresa Kok. She had known Teoh Beng Hock for about a year before he had died. During her testimony, she described Teoh Beng Hock as a gentle and helpful person who would lead in administrative problems faced by the staff. She also described Teoh Beng Hock as hardworking and responsible.

Ooi Haw Voon was then questioned specifically by the Commissioners on the process of allocation. She went on to explain the practise in her constituency. She said that for programmes, three quotations would be obtained. Regarding the issue of advancement of money, it was not the party that would advance, and YB Teresa Kok would occasionally advance her personal money.

During her testimony, Ooi Haw Voon said that if a contractor was reliable, they would be used repeatedly. However, the ultimate approval would have to come from YB Teresa Kok herself.

During examination by Christopher Leong, counsel for Bar Council, Ooi Haw Voon confirmed that the Selangor State guidelines for projects/programmes utilising the allocation of funds allowed direct appointment of Class F contractors without a tender process.

The last witness for the day was Associate Professor Sallehuddin from the Razak School of Engineering and Advanced Technology, University Technology Malaysia International Campus. He gave evidence on the physics of the fall of Teoh Beng Hock.

During questioning by Christopher Leong, Professor Sallehuddin stated that he assumed that there had been no bounce upon the body hitting the ground and the window had been opened to the maximum.

Professor Sallehuddin also confirmed that he had not factored in the effect of clothing on the dynamics of the fall or the manner in which Teoh Beng Hock had exited the window. Furthermore, he confirmed that he had not taken into consideration the limb movement in the kinetics of the fall or the torque that would arise as a result of a turn whilst exiting the window or the wind conditions of the aerodynamic effect of the tall building or neighbouring buildings.

The RCI-TBH proceeding was adjourned at 7:00 pm and will recommence at 9:00 am on Wednesday, 4 May 2011.

Counsel appearing for Bar Council at today’s proceedings were Christopher Leong, Sivaneindiren s/o Selvanandam, Robert Low and Edmund Bon.

Members of the public who have relevant information in relation to the RCI’s investigation into the death of Teoh Beng Hock are urged to contact Bar Council’s team of solicitors by email at bc.rci.tbh@gmail.com.

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