KUALA LUMPUR: The Attorney General's Chambers (AGC) told the High Court that the leave application filed by Teoh Beng Hock's family in its bid to compel the authorities to open a murder investigation regarding his death was filed out of time.
Federal Counsel Mohammad Salehuddin Md Ali, who appeared for the respondents, submitted that the applicants failed to file the leave application within the stipulated timeline.
In the preliminary objection, FC Mohammad Salehuddin said pursuant to Order 53 Rule 3(6) of the Rules of Court (ROC) 2012, the applicants had a three-month time period to file any application for leave for judicial review in respect of the alleged failure and omission, which commenced from June 28, 2019.
This period expired on Sept 29, 2019, he said.
"The leave application was only filed by the applicants on April 17, this year, which is about six years and six months after the expiry of the time period.
"Therefore, the leave application was clearly filed out of time," he said.
Meanwhile, lawyer Lim Wei Jiet, who represented Teoh's family, argued that the applicants only had clear knowledge that the police were not conducting the investigation under Section 302 of the Penal Code (for murder) or Section 304 (culpable homicide not amounting to murder) through a letter by the Selangor police chief dated Jan 20.
He said the family filed the leave application on April 17, which was within the three-month time frame.
Justice Norliza Othman fixed Nov 17 to deliver her decision on the preliminary objection.
On April 17, Beng Hock's brother Teoh Meng Kee, father Teoh Leong Hwee and mother Teng Shuw Hoi filed the leave application to commence judicial review in their bid to compel the authorities to open a murder investigation into his death 17 years ago.
They named the Inspector-General of Police, the Criminal Investigation Department director, the police and the Attorney General as respondents.
In the application, the family is seeking a declaration that the respondents have a legal duty to investigate the circumstances surrounding Teoh's death under Section 302 of the Penal Code for murder or Section 304 for culpable homicide, and to complete the investigation within 120 days from the date of a court order.
Teoh died on July 16, 2009, after a fall from the 14th floor of Plaza Masalam in Shah Alam.
He had earlier gone to the Malaysian Anti-Corruption Commission office in Shah Alam to give a statement.
In his supporting affidavit, Meng Kee said three Court of Appeal judges, in their separate grounds of judgment, found that evidence surrounding Teoh's death pointed to homicide.
