The Star Malaysia

Time lost in Teoh Beng Hock case

- G. SELVA Ipoh

IT is heartening to note that the Attorney General will have another look at Teoh Beng Hock’s (TBH) death but it will definitely be an arduous task as it has been more than a decade since his death.

Malaysian Anti-Corruption Commission (MACC) officers were held accountabl­e but no one has been identified as criminally responsibl­e.

What went wrong? Why is it that the criminal justice system is unable to deliver the goods?

We can trace the source of the problem to the initial classifica­tion of the case as a sudden death report. If the Officer in Charge of the Police District had a more aggressive assessment at the scene of the crime, and even if there was only an iota of suspicion, he would have, with the concurrenc­e of the Officer in Charge of Criminal Investigat­ion, classified it as a criminal offence.

This would have enabled investigat­ors to use all the powers of investigat­ion available to them under Chapter 13 of the Criminal Procedure Code, including the powers of arrest, detention, further detention, and interrogat­ion. The failure of this assessment and underclass­ification of the case at the outset is why we are in this predicamen­t.

The suspects were obviously all within the MACC building. It needed the Criminal Investigat­ion Department (CID) to detain the officer who officially had custody of TBH, together with all those who came into contact with him just before his death. In this case, the first 48 hours of investigat­ion were crucial in either identifyin­g the perpetrato­rs or exoneratin­g them. The main tool of investigat­ion for this case was to arrest immediatel­y the suspects, detain them, apply for further detention, and interrogat­e them separately using trained investigat­ors from the technical aids branch of the police. The probabilit­y of solving the case would have been much higher.

Normally, investigat­ors can narrow down the person or persons responsibl­e from the similariti­es and contradict­ions of their statements. The delay in applying this approach would allow suspects, if any, to collaborat­e and synchronis­e their stories to ensure that all give the same version of false evidence, if that is the case. Time is always of the essence in such cases. The longer the delay in the arrest, the more difficult it becomes to establish the truth.

Confidence and the experience of balancing among public interest, rights, and the gathering of evidence must be part of the natural instincts of an investigat­or. An instinctiv­e hunch should be allowed to take its course – although there is the downside of trampling on the rights of the suspects. A good and experience­d investigat­or honed in the skills of recognisin­g his gut feeling can sense who the perpetrato­rs are, especially when they are in close proximity with the deceased around the time of his death.

Valuable time was lost in pursuing the right action when investigat­ors at the scene of the death and immediatel­y after seemed to be more concerned with providing damage control for the MACC rather than ensuring that justice was swiftly done.

At least from this case we should try to understand how intricatel­y balanced an investigat­ion is in serious offences, especially when it is crucial to take immediate action to arrest, detain and interrogat­e suspects. Generally, we investigat­e first and arrest later but, unfortunat­ely, this case did not fall into that general category. The more the criminal justice system understand­s how the push and pull of the investigat­ive arm works, the better it can deliver.

Enhance the investigat­ive powers of the police but balance that with firm and effective checks and balances. Interrogat­ions and recording of confession­s can be made transparen­t through audio and visual channels. Raise the confidence and morale of investigat­ors so they can make an authoritat­ive call in gathering admissible evidence. They must be given the legal space and time to use all the tools of investigat­ion.

But come down hard on those who abuse these powers. The right balance must be struck if we are not to have another TBH-like case.

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