IPOH: Attorney General Tan Sri Mohd Dusuki Mokhtar should disclose further details on the decision by the Attorney General's Chambers (AGC) to classify the case of Teoh Beng Hock's 2009 death as No Further Action (NFA), says Ramkarpal Singh.
In a statement Saturday (June 7), the legal representative for the late Teoh's family said the reason given by the AG that there was insufficient evidence to commence criminal proceedings was disappointing.
Ramkarpal said his firm had on June 3 received a letter dated May 30 from the AGC to explain the decision to classify the case as NFA.
"I have perused the said letter and discussed it with Teoh’s family.
"We will need more time to study it before deciding on the next course of action, which may include initiating judicial review proceedings against the AG," he said.
"Teoh’s family is considering taking legal action and will announce their decision on this in due course," he added.
"It is disappointing that the AG has come to the conclusion that there is insufficient evidence as the police have had ample time to investigate this tragedy since 2009.
"His findings, particularly on the question of why he says there is insufficient evidence as a general statement, does not, in any way, overcome the family’s real concerns that such investigations were not properly and professionally conducted," the Bukit Gelugor MP said.
The AGC had on May 22 issued a statement that the case would be classified as NFA, after having reviewed and studied all evidence in the investigation papers submitted by the police.
In the letter issued, Mohd Dusuki said the decision to classify the case as NFA was not to deny responsibility.
He said there needs to be sufficient evidence to prove beyond reasonable doubt before prosecution could be started against an individual.
"Having gone through all available materials, including forensics reports, witness accounts and expert findings, the conclusion is that there is insufficient evidence to support any charges under the Penal Code.
"The law cannot permit charges to be pressed based on doubt," he said.
"If new or believable evidence comes up in the future, whether it be from a witness, document or forensics development, I will ensure that the case will be looked at again without hesitation," he added.
He said the matter has already become a lesson and was also acknowledged by the government.
"The people will not forget this incident, while institutional reform has already started to prevent a similar incident from recurring," he said.
"The AGC will ensure all prosecution will continue to be implemented fairly, systematically and according to the law," he added.
On Nov 21 last year, the Kuala Lumpur High Court had ordered the police to complete the investigation into Teoh's death within six months.
This was after a review application by the late Teoh's family against the Inspector-General of Police, the police's director of criminal investigation, the police and the Malaysian government, as the respondents, was allowed.
Teoh, the political secretary to former Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead after giving a statement at the Malaysian Anti-Corruption Commission (MACC) office on the 14th floor of Plaza Masalam in Shah Alam, Selangor.
