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Mystery letter fingers top MACC official, politician

The mystery letter which emerged at the Teoh Beng Hock inquest yesterday is believed to contain claims connecting a top ranking MACC officer to the interrogation of the political aide, which could have led to his death.

Believed to be written by a Malaysian Anti-Corruption Commission insider, the letter alleged how the top officer and an influential politician had worked together to start investigations into alleged corrupt practises by Selangor's Pakatan Rakyat leaders.

And it was on this understanding that Teoh was called up for questioning.

The unsigned letter, which carried the MACC official letterhead and written in Bahasa Malaysia, also stated the top officer's modus of interrogation - which involves pulling the suspects by the belt.

It further alleged that the top official was questioning Teoh on the day the DAP man was found dead. However the letter did not state on how Teoh died or if the officer was directly involved in his death.

Further claims made in the letter include:
The officer did not punch out from work when he left Plaza Masalam where the Selangor MACC is located on that day. However, the letter stated the time of him leaving the office.
The officer did not provide his DNA samples along with his other colleagues. He only gave a sample privately at a later day.

His alleged corrupt practices while investigating previous cases and that he is generally corrupt.
The letter also stated that the top officer had been serving in the state for a long time, well beyond the usual five-year term for high ranking officials.

Lawyers remain tight-lipped
Yesterday, lawyer Gobind Singh Deo submitted the letter to coroner Azmil Muntapha Abas, asking him to adjourn the inquest pending an investigation into the contents of the letter.

Gobind said that he was handed the letter by an individual on Tuesday evening.

Azmil, who agreed to instruct the police to probe the letter, had then urged all lawyers involved in the case not to reveal the details of the letter to anyone.

Lawyers contacted by Malaysiakini today remained tight-lipped on the matter.

However, it is learnt that the letter was also sent out to several other people since last week, including some members of parliament.

One MP who spoke to Malaysiakini said that he received the letter last week and confirmed the contents of the letter.

"Some big names were mentioned in the letter and the claims are massive. If they are true, some very big people from Selangor MACC and the political circle will have to pay the price," he said, requesting anonymity.

The MP also said that the letter appeared to be "an inside job from MACC".

He added that the letterhead used was from the MACC's headquarters in Putrajaya.

Teoh was found dead, with his belt snapped, at the fifth floor landing of Plaza Masalam on July 16, a day after he was summoned by the MACC for questioning in regards to their probe into an alleged misappropriation of state allocation funds. He was questioned at the 14th floor.

The inquest is being held to determine how he died. It will continue on Monday pending the investigation into the letter.


Beng Hock was 'squatting in fear before falling'
Teoh Beng Hock was in fear while being held in a squatting position on the window ledge at the 14th floor of Plaza Masalam before he fell and died on the fifth floor, the Coroner's Court heard today.

There were smudge marks on the window and a vertical scratch, believed to be fingerprint, showing that Teoh resisted before he fell, counsel Gobind Singh Deo, who is holding a watching brief for Teoh's family, said at the inquest into his death.

Gobind Singh put the suggestion to Dr Prashant Naresh Samberkar, forensic pathologist from the Universiti Malaya medical Centre, who said: "It is possible."

"I would consider the victim to be in a squatting position. In my opinion it was unlikely that the deceased was standing on the window ledge considering his height at 178cm," said Samberkar, who has more than 10 years' experience in forensic pathology.

He said he also found line marks measuring 3mm on the sole of Teoh's shoe which, in his opinion, was consistent with the possibility of Teoh being squatting on the window ledge.

However, when asked by government-appointed counsel Tan Hock Chuan, as to whether it was possible for Teoh to squat on the window on his own, Samberkar said: "Possible."

He said the smudge marks on the window glass could also be found in cases of someone falling accidentally.

No signs of struggle
Teoh, political aide to Selangor state executive councillor Ean Yong Hian Wah, was found dead on the fifth floor corridor of Plaza Masalam on July 16, after giving a statement as a witness in investigations into alleged misuse of state governent funds.

Earlier, Samberkar, who conducted the post-mortem on Teoh's body, said it was unlikely that this was a homicidal case, based on a few reasons, including that there was no restraining injury, no defence wound, no injury to the tongue, which could occur in the case of a struggle, and no pressure to the neck.

It was also unlikely that the death was caused by a accidental fall because, he said, Teoh was not under the influence of drugs or alcohol.

"It is unlikely that the victim would have fallen accidentally by opening the window because the barrier of the window was above the centre of the body's gravity, and the floor on the 14th floor was carperted and not slippery," he explained.

"The most likely cause of death in the present case, in my opinion, would be suicide."

However, he admitted that he was not in a position to say whether Teoh had any reason to commit suicide.

The coroner's inquiry into the death of political aide Teoh Beng Hock, took a dramatic turn today when pathologist and forensic expert Dr Khairul Azman Ibrahim admitted that the deceased could have suffered injuries before falling to his death.

Teoh had plunged from the 14th floor of the Selangor Malaysian Anti-Corruption Commission (MACC) building on July 16.

Dr Khairul (right), who conducted the post-mortem on Teoh, testified that he could not ascertain that the multiple injuries found on the latter were caused by the fall from the 14th floor to the fifth.

The Hospital Tengku Ampuan Rahimah pathologist, who was cross-examined by Selangor government appointed lawyer Malik Imtiaz Sarwar, also told coroner Azmil Muntapha Abas, that Teoh's death could have occurred as early as 5am.

This was determined when the autopsy was conducted the next day showed signs of rigor mortis (stiffening of muscle) and decomposition.

Malik also asked Khairul whether they had inspected Teoh's stomach contents to determine if he had consumed any food.

To which he replied that no solid food had been detected and this could be because the body takes four hours to completely digest food.

Malik then asked if it showed that Teoh was hypoglycaemic (weak and starving) before his death, but Khairul said that he did not carry out the necessary test to determine this fact.

Questioned if Teoh could have been unconscious at the time of his fall, Khairul admitted the possibility.

Reaction injury: Clenched fist
The doctor added that Teoh may still have been alive after his body hit the floor as his hands were found clenched in a fist.

The lawyer asked if this was indication that Teoh was grabbing or reaching for something to hold onto when falling.

The pathologist said it was possible that his hands were clenched to endure the pain he probably felt when he landed.

Khairul was also asked about Teoh's fractured skull. The pathologist had first concluded that it could have been the result of the fall, but, later agreed with Malik's suggestion that he could have been hit on the head before his fall.

He was also questioned on the speculation that the unknown DNA found on Teoh's waist belt and at the back of his blazer were results of contamination.

Malik: So are you saying the Klang hospital contaminates exhibits?

Khairul: I will have to admit that.

Malik: I am wondering why are steps being taken to undermine the DNA evidence?

Khairul: There is a possibility of contamination

Mailk (left): Do you know for a fact it was contaminated, you don't know, do you?

Khairul: I don't know.

Psychological background important

At the start of today 's inquest, lawyer Gobind Singh Deo, acting for Teoh's family, grilled Khairul, on why he had ruled out the homicide theory .

Gobind asked if Khairul had interviewed any of Teoh's family members to determine his psychological state.

Khairul: Yes I did... I talked to Teoh's brother, his sister and his fiancee.

Gobind: What was your question? (And) what did they say?

Khairul: His brother said that the deceased was an agreeable and talkative person... his sister said that he couldn't have taken his own life and so did his fiancee.

Khairul said that Teoh's psychological background was important to note to determine whether his fall was attempted suicide.

Gobind then asked the pathologist, why he did not see it fit to question the MACC officers involved in the interrogation process.

"I put it to you that because you (pathologist) did not question the MACC officers, you thus did not obtain the material facts that resulted in your rejecting the possibility that a homicide had occurred," said Gobind.

"It's not my duty to interrogate the police," said Khairul.

The inquest is to resume tomorrow with University Malaya Medical Centre (UMMC) Dr Prashant Naresh Samberkar and several MACC officers taking the stand.

Later talking to reporters Malik said the post-mortem showed multiple mixed injuries to the chest, and that some of the rib bones could have been broken before the fall is a possibility because the cracks were not symmetrical

"Our theory is that he landed on his feet and immediately his chest and chin slammed on the landing and there would be no head injury," said Malik.

He also said that the second part of the body examined was the anus area, there looking at the penetration, it was very hard to see where injuries were very extreme, and didn't discount the possibility (that there might have been penetration).

The lawyer said there were indications that the abrasions on Teoh's buttocks could have been caused by a thin wooden instrument, but could not pin-point what.

"He (Khairul) had assumed that there were no injuries before the fall and he had matched the trajectory... but it's all speculation as there were no traces or evidence," added Malik.
'Should have questioned MACC officers'

Earlier, Gobind said that the theory that a homicide had occurred in the death of the DAP aide could not be ruled out because of the pathologist's failure to question the Malaysian Anti-Corruption Commission (MACC).

He said the pathologist should have questioned the MACC officers to look into the possibility of homicide elements being involved in the death of the political aide to a Selangor executive councillor in July.

"I put it to you that because you (pathologist) did not question the MACC officers, you thus did not obtain the material facts that resulted in your rejecting the possibility that a homicide had occurred," Gobind Singh told Khairul.

To this, Khairul pointed out: "It's not my duty to interrogate the police."

The proceedings became more intense when Khairul, the 10th witness, was repeatedly questioned by Gobind Singh as to whether he (Dr Khairul) actually could interrogate the MACC officers.

The pathologist replied: "I'm sorry (coroner), he's playing with words."

Malaysiakini
20/08/09

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