FRESH investigations into the death of Teoh Beng Hock should be focused on homicide instead of wrongful confinement, Ramkarpal Singh, the lawyer for the late DAP aide, said today.

He said Attorney-General Tommy Thomas must explain why the case was now under investigation for wrongful confinement despite elements of homicide in Teoh’s death in 2009 while in custody of Malaysian Anti-Corruption Commission (MACC) officers.

“It is utterly disappointing for the matter to be now investigated for a much lesser offence of wrongful confinement when the Court of Appeal had clearly indicated in its judgment that there was evidence of homicide surrounding Teoh’s death.

“This warrants an explanation by the authorities as to how this could arise, especially in light of the Court of Appeal’s findings surrounding Teoh’s death,” he said in a statement today.

“If the Court of Appeal found evidence of homocide, how is it that the Attorney-General’s Chambers (AGC) did not?” 

Ramkarpal, who is also Bukit Gelugor MP, said he would write to Thomas on behalf of the Teoh family for an explanation.

He said the case’s investigating officer had informed him that Teoh’s death was now being investigated for wrongful confinement under the Penal Code, which carries a penalty of up to one year in prison, or a fine up to RM2,000, or both, upon conviction.

In contrast, a culpable homicide charge carried a jail term of up to 30 years with no limits on the amount of fine.

Earlier today, the Teoh family, through the Teoh Beng Hock Trust For Democracy, said a sister, Teoh Lee Lan, had been asked to provide a statement to the police under the Penal Code section for wrongful confinement.

The trust and the Malaysian Bar had previously recommended that the case be investigated for culpable homicide.

Highlighting excerpts from the Court of Appeal’s judgement, Ramkarpal said the evidence pointed to homicide as the death was “caused by a person or persons unknown”.

He also noted one of the judges’ views that Teoh had suffered prior injuries to his neck before his fall from the building, which meant that there was criminal liability against the MACC officers who had questioned Teoh before his death.

Teoh’s body was discovered on the rooftop of a building next to the MACC office in Shah Alam, where he had been interrogated over graft allegations against a Selangor DAP assemblyman. – June 25, 2019.