KUALA LUMPUR, June 8 — DAP today called on Attorney General Tan Sri Mohd Dusuki Mokhtar to explain in detail his decision to classify Teoh Beng Hock’s death as requiring no further action (NFA).
In a joint statement issued by DAP national chairman Gobind Singh Deo and secretary-general Loke Siew Fook, the party said the Attorney General must justify why he believes there is insufficient evidence to prosecute anyone for Teoh’s death.
“The Attorney General and no one else has the discretion to prosecute under the Constitution. 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,” the statement said, as published on the DAP’s official Facebook page.
On May 21, the Attorney General classified the case as NFA after receiving investigation papers from the police, and on May 30, issued a letter to the family’s lawyers stating that there was not enough evidence to support criminal prosecution.
The party said it had consistently pushed for accountability since Teoh’s death in 2009 and had formed a legal team that initiated an inquest to determine the cause of death.
The inquest found bruises on Teoh’s neck, but on January 5, 2011, the coroner returned an open verdict.
DAP then challenged the finding in the High Court, which upheld the coroner’s decision, prompting an appeal to the Court of Appeal.
The Court of Appeal overturned the earlier findings, concluding that Teoh’s death was caused by “an unlawful act or acts of persons unknown, inclusive of MACC officers who were involved in the arrest and investigation of the deceased.”
DAP also supported the family in a civil suit that led to a government admission of liability for negligence and a RM600,000 compensation award with RM60,000 in costs.
The party argued that both the Court of Appeal and civil court decisions provided grounds for renewed police investigations to identify those responsible.
DAP said it supports the family’s intention to challenge the NFA decision through a judicial review.
“We support this action and 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,” the party said.