In a joint statement today, DAP chairman Gobind Singh Deo and secretary-general Loke Siew Fook also urged Dusuki to review the decision by the Attorney-General’s Chambers to classify the investigation into Teoh’s 2009 death as requiring no further action, or NFA.
“The attorney-general, and no one else, has the discretion to prosecute under the Federal Constitution,” they said.
“He must explain why he is unable to do so in this case, particularly in light of the decisions of the Court of Appeal and civil proceedings in the High Court.”
Gobind and Loke said DAP has been consistent in its call for action to be taken against those responsible for Teoh’s death.
The statement follows a letter dated May 30 from Dusuki to the family’s legal representative, Ramkarpal Singh, seeking to explain the AGC’s rationale for classifying the case as NFA.
In the letter, Dusuki said there was “insufficient evidence” to support a criminal prosecution.
Teoh died on July 16, 2009 at the fifth floor of Plaza Masalam in Shah Alam after being questioned for hours by the Selangor Malaysian Anti-Corruption Commission headquarters.
Last month, police informed Teoh’s family that their latest investigation into the case had been classified by the AGC as NFA.
On Nov 21 last year, the High Court directed the police to complete their long-delayed investigation into Teoh’s death.
At an inquest, the coroner returned an open verdict. However, the Court of Appeal ruled in 2014 that the death was caused by “one or more persons unknown”, including MACC officers.
In 2019, police launched an investigation under Section 342 of the Penal Code for wrongful confinement.
Before 2018, two special investigation teams had been set up – one in 2011 and the other in 2015 – to look into the incident, but both cases were classified as NFA by the public prosecutor.
Gobind and Loke noted that DAP assisted Teoh’s family in a civil suit which resulted in the government and the MACC admitting liability for negligence leading to Teoh’s death. An award of RM600,000 was made to the family, with costs of RM60,000.
They said both the findings of the Court of Appeal and the civil court provided a basis for the police to conduct further investigations into the search for the perpetrators behind Teoh’s death.
“While the duty to investigate the case and to identify those responsible in this case is with the police, it is for the attorney-general to decide his next step based on the police’s investigations,” they said.
Noting that Teoh’s family is considering challenging the NFA in court by way of judicial review, Gobind and Loke said they support the action.
“We also call upon the attorney-general to review his decision and push ahead with charges against those responsible for Teoh Beng Hock’s death without further delay,” their joint statement added.