THERE is insufficient evidence to proffer a homicide charge in Teoh Beng Hock’s case, Attorney-General Tommy Thomas said in a letter to Ramkarpal Singh, the lawyer of the deceased’s family.

“This decision was necessary because despite numerous rounds of scrutiny by officers in Chambers, most recently in 2019, of the evidence collected from the investigation into possible homicide following the Court of Appeal’s finding, the present state of evidence is insufficient to proffer a charge under Section 304 or 304 A of the Penal Code.

“The instruction from this Chambers to police to open an investigation paper classified under Section 342 of the Penal Code is merely an administrative procedure,” he said in the letter dated July 8.

Section 304 deals with imprisonment for the offence of culpable homicide not amounting to murder. 

Thomas said the recent classifications of the case will in no way prevent investigators from looking into the truth and identifying the parties involved.

“An investigation premised upon wrongful confinement under Section 342 is consistent with the Court of Appeal’s findings of fact that Teoh was not free to leave the MACC’s  premises although he was never placed under arrest.

“Please be assured that should there be evidence by police, the public prosecutor is not prevented by reason of such administrative classification from bringing a charge under culpable homicide, or any other suitable charge in order to bring those responsible to justice.”

Ramkarpal, who had made copies of the letter available to the media, said he will be meeting Thomas, along with Teoh’s family members, sometime this week to seek clarification on why this is not classified as a homicide case.

The authorities have currently classified it as wrongful confinement.

However, a date and time for the meeting has yet to be finalised.

Contrary to Thomas’ statement, Ramkarpal said there is sufficient evidence for homicide and foul play in the case as stated in the judgment of the Court of Appeal in 2014.

On that note, he said it is not acceptable to say there is a lack of evidence in view of the Appellate Court’s decision.

“With the greatest of respect, to say that there is insufficient evidence in light of the Court of Appeal’s finding of homicide is unacceptable,” he said in a press conference in Parliament lobby.

“We urge the attorney-general to scrutinise the evidence before him.”

Ramkarpal said while the identities of the officers who had investigated Teoh on that fateful night is known, it is pertinent to determine their involvement and the roles they have played in the case. – July 17, 2019.