Teoh Inquest: Another access into MACC office

  • Nation
  • Thursday, 17 Sep 2009

SHAH ALAM: The inquest was told of another route to get into the Malaysian Anti-Corruption Commission office in Plaza Masalam.

MACC's officer Raymond Nion said he used the longer route to leave his office on the day Teoh Beng Hock was found dead as he had left his access card at home and thus could not use the shorter way.

The inquest also heard that Teoh had an argument with someone in the toilet of the MACC.

Coroner Azmil Munthapa Abas adjourned the inquest to Sept 29 to allow the Hari Raya break.

Below is an account of what transpired:

1.45pm: Malik asks for Teoh’s x-ray and to look into the access records of the MACC as Raymond had mentioned of using another entrance to gain access to the office.

1.35pm: Magistrate asks Raymond to show the route he used to get out of the office on the office layout sketch.

Raymond said he used the longer route as he left his access card at home that day and could not use the shorter way.

Gobind said it is Hari Raya and many people were involved (in the case) and suggested that the inquest be postponed until after the festival.

Magistrate adjourns inquest to Sept 29.

1.30pm: When cross examined by Gobind later, Raymond said before leaving the building, he was in his room and did not detour and had passed by Teoh on his way out.

1.20pm: Raymond said he returned to the office as he had to go to the Petaling Jaya courts. He said there was no one near Teoh when he saw Teoh on the sofa. He later identified himself leaving the office in the CCTV photo. He also identifies other people in a CCTV photograph.

1.05pm: MACC officer Raymond Nion said he was at MACC office until 6am on July 16. He saw Teoh with a Chinese man at 12.30am. Did not know the man. He saw Teoh again at 6am lying on the sofa in front of Mohd Nadzri's office. He knew the time as it was the time he left the office.

12.55pm: Abdul Razak examines witness. Bulkini said he reached the toilet with Tan before the man in white pants did. He said he was in Chinese school in Year One to Six so he understands Mandarin.

12.50pm: Gobind cross-examines. Bulkini said he assumed that the person talking in the toilet to be Tan. He said he did not see the man in white pants pass the pantry. He said he did not enter the toilet or wait outside, so he did not know how many people were in there.

12.45pm: Bulkini said the man was as tall as Tan. When DPP Tan asked if he could identify Teoh's shoes, Bulkini said he could if shown a picture of it.

12.40pm: Bulkini said he understood Mandarin but not fluent and knew what Tan said in the toilet. He said it was 'Ni Lor' meaning "awak, lah" (It's you).

Bulkini said he turned away to go back to the pantry. Five minutes later, he saw Tan walking pass the pantry but did not know what happened to man in white pants.

12.30pm: Bulkini said he and others officers went to (Kajang municipal councillor) Tan Boon Hwa's house near Balakong and brought him back for questioning at Plaza Masalam at 10pm.

Tan was asked to wait in the visitors' room. The next time he saw Tan was at the pantry when he asked for directions to the toilet at 2.30am.

He said Tan did not understand the directions, so he showed him the way to the toilet. He said he did not go into the toilet but saw a man in white pants and dark top went into the toilet after Tan. He did not know who the man was.

Bulkani said he then heard an angry voice 'scolding' in Mandarin. He was not sure if there was a reply.

12.25pm: Inquest resumes. MACC officer Bulkini Paharuddin of MACC takes the stand.

11.30am: Inquest takes a break.

11.25am: Mohd Nadzri said Teoh did not complain about being beaten during the recording of statement. He said he found out that Teoh had died at 2pm (later in the day) when he was returning to the office.

11.15am: Mohd Nadzri said he did not follow Teoh to the toilet as Teoh knew the way there. He said he did not invite Teoh to leave the building with him when he left as Teoh wanted to rest.

11.05am: Mohd Nadzri said Teoh's bag was outside the room when the statement was being taken. Not sure if Teoh brought his handphone into the room. Teoh's bag was at the sofa when he left Teoh.

11.00am: Malek Imtiaz examines witness. Mohd Nadzri said he received instructions from investigation unit chief and a briefing was given to MACC officers at around midnight. During the briefing, Mohd Nadzri was asked to take Teoh's statement.

10.55am: Mohd Nadzri said Teoh told him he was single. Teoh also said he was about to get married. He agrees that there were incomplete documents.

Gobind: So there was no reason to take his statement at those hours when you were willing to let him come back with the documents.

Mohd Nadzri: I have to record statement as I was afraid Teoh would change his statement.

Gobind: Teoh does not need to be kept there and could come back another day.

Mohd Nadzri: I agree (reluctantly).

Gobind: You wanted to use force to record such a statement to tie up the case.

Mohd Nadzri: I do not agree with (Gobind's) conclusion.

10.45am: Mohd Nadzri said it was important for him to know if a witness is tired.

He, however, kept silent when Gobind said that although Teoh seemed agitated and was under severe pressure he (Mohd Nadzri) did not ask Teoh how he felt for fear that the fact would be recorded.

He was also quiet when Gobind said he was supposed to check if the suspect was injured and questioned if there were cases where the suspects were beaten.

10.40am: Gobind asked the importance of giving a statement voluntarily. Mohd Nadzri agreed that it would ensure only the truth.

He agreed with Gobind that statement given under duress would not be the truth, that the surrounding circumstances could have an effect on a witness.

Mohd Nadzri agreed that a statement taken late at night or early morning could have an effect on the witness and said it was important to know if the witness was tired.

10.35am: When cross examined by Gobind, Mohd Nadzri said he was a factory worker before he joined the MACC. He said he did not have experience in recording statements before joining the commission and was trained for it in 2000.

He said he now has nine years of experience in recording statements and explained to Gobind the difference between taking the statement of a witness and a suspect.

10.30am: Abdul Razak asked that Teoh's witness document be tendered in court. Mohd Nadzri identifies the documents. Teoh's initial was on every page, the last page had photocopy of Teoh's IC.

10.25am: Mohd Nadzri said during the recording of statement, the IO came into the room between 2am and 2.30am. No other officers entered the room.

Mohd Nadzri said after leaving the room he did not have any more dealings with Teoh.

10.20am: Mohd Nadzri told Teoh to bring relevant documents on another day. At 3.50am, Teoh told Mohd Nadzri that he wanted to rest. Teoh did not say why. Mohd Nadzri said he left the office at 3.55am. He said he last saw Teoh on the sofa in front of the IO's office.

10.15am: Mohd Nadzri said after the recording was completed at 3.30am, he asked Teoh to read and check it after which he was asked to read a printed copy as well. He said Teoh signed the copy.

After this, he said he went in search of the investigating officer (IO) at the surau to pass him the statement and to get further instructions and also to inform him that he wanted to go home.

The IO had told him that he wanted Teoh to go home to collect some relevant documents.

10.10am: Mohd Nadzri said he took Teoh to his room to record his statement and completed doing so at about 3.30am. He added that the door of the room was left opened when Teoh’s statement was taken.

He admitted that Teoh seemed agitated at first but was calm later at the end of the recording of the statement while giving full cooperation.

He also said that Teoh was not handcuffed during this time, adding that he did not ask Teoh if he was injured nor did he notice if Teoh was injured.

Mohd Nadzri also said that Teoh carried a bag when he entered his room.

10.05am: Witness went on to say that he invited Teoh based on a directive but does not remember if Teoh was accompanied by anyone when Teoh was at a sofa at the office.

Neither could he remember Teoh’s condition at the time when he approached him (Teoh) at the sofa.

10am: Mohd Nadzri said he was on standby to record Teoh’s statement at about 1am, adding that he invited Teoh to his room.

At this stage a sketch of the layout of the MACC office is being passed around to the lawyers in court following which Mohd Nadzri identifies his room in the MACC building.

9.55am: Magistrate said hearing can move on with another witness. Mohd Nadzri Ibrahim, a recording officer with the MACC takes the stand. Tan Hock Chuan begins to question the witness.

9.50am: Abdul Razak ask for a postponement of the inquest as he has yet to get anyone to verify the authenticity of some photos (showing Sivanesan's injuries) submitted.

But Gobind Singh Deo said the inquest should continue as there is an order from the Shah Alam High Court for it to continue. He said at first there was a rush to do the inquest but when there is a witness to testify on the heart of the matter there seems to be a delay.

He added that the inquest could proceed with other witnesses if there is no cross examination on Sivanesan. Malik Imtiaz Sarwar backed this point.

9.40am: Inquest begins

9.15am: Witness T. Sivanesan arrives in court with family.

9.10am: Teoh's family arrive in court. His mother is seen holding Teoh's framed photograph.

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