©Malay Mail (Used by permission)
by T.K. Letchumy Tamboo
KUALA LUMPUR: Three Malaysian Anti–Corruption Commission (MACC) officers implicated by the Teoh Beng Hock's Royal Commission of Inquiry have been cleared of wrongdoing.
In a written reply, Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said the trio have been cleared by the Attorney–General's Chambers, reports Malaysiakini.
"Thus, no action will be taken against the three officers," he said.
Nazri was responding to a question by Gopeng MP Dr Lee Boon Chye, who asked the government to specify what kind of action was taken against the trio.
The three–member RCI, led by former Court of Appeals judge Steve Shim, found the three MACC officers' aggressive interrogation tactics contributed to Teoh's suicide on July 16, 2009.
The trio were the then–Selangor MACC deputy director Hishammuddin Hashim, assistant enforcement officer Arman Alies and assistant superintendent Mohd Ashraf Mohd Yunus.
They were suspended last July pending investigations. Hishamuddin has since been promoted to Negri Sembilan MACC director but the status of Arman and Mohd Ashraf is unknown.
The final RCI report recommended MACC take action against the trio, whom they described as Arman "the bully", Mohd Ashraf "the abuser" and Hishammuddin "the arrogant leader".
Nazri said the Attorney–General's Chambers examined statements presented by police who investigated the trio based on evidence adduced during the inquest and RCI.
Following this, the Attorney–General's Chambers found the trio did not commit a crime based on Penal Code or the MACC Act 2009.
He said the MACC's special investigation team had also cleared the trio of violating the Civil Service Regulations (Behaviour and Disciplinary) 1993, MACC Act 2009 and the commission's internal rules.
"Based on this investigation, it was concluded that only one disciplinary charge can be made against (the trio) – a charge of failing to supervise the witness being investigated," he said.
Later at the Parliament lobby, Serdang MP Teo Nie Ching who was surprised by the decision, claimed she received two different answers from Nazri over the government's decision regarding the trio.
"The RCI report clearly pointed out the three officers guilty of excessive use of violence on Teoh.
"Therefore the police have more than enough reason to commence investigations against them for possible offences under Section 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder and for causing the death of Teoh by negligence, respectively.
"However, a written reply from Nazri on March 29 stated that no legal action could be taken against the trio. In another written reply on Wednesday he said police were conducting investigations to gather statements and evidence over the report. He also said the papers were submitted to the state prosecution head and Attorney–General's office for research and advice," said Teo.
Claiming the two answers as conflicting, Teo demanded Nazri to reveal which one was accurate.
"These are conflicting. Nazri must clarify which answer is accurate and reflected the stand of the governement.
"If his answer on March 29 is accurate, I must say the A–G has made a complete mockery of the entire RCI proceedings.
"A life was lost and we spent RM1 million to set up the RCI," she said, adding the ten MACC officers who gave false testimonies during the RCI 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 Teoh's death.