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7th Rangers: MACC, why no action against officers in TBH case? By Lim Kit Siang
 
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No Atheists
In A Foxhole

Rudyard Kipling

" ā€œWhen you're left wounded on
Afganistan's plains and

the women come out to cut up what remains,
Just roll to your rifle

and blow out your brains,
And go to your God like a soldierā€
General Douglas MacArthur

" ā€œWe are not retreating. We are advancing in another direction.ā€

ā€œIt is fatal to enter any war without the will to win it.ā€
ā€œOld soldiers never die; they just fade away.
ā€œThe soldier, above all other people, prays for peace,
for he must suffer and be the deepest wounds and scars of war.ā€
ā€œMay God have mercy upon my enemies, because I won't .ā€
ā€œThe object of war is not to die for your country but to make the other bastard die for his.

ā€œNobody ever defended, there is only attack and attack and attack some more.
ā€œIt is foolish and wrong to mourn the men who died.
Rather we should thank God that such men lived.
The Soldier stood and faced God
Which must always come to pass
He hoped his shoes were shining
Just as bright as his brass
"Step forward you Soldier,
How shall I deal with you?
Have you always turned the other cheek?
To My Church have you been true?"
"No, Lord, I guess I ain't
Because those of us who carry guns
Can't always be a saint."
I've had to work on Sundays
And at times my talk was tough,
And sometimes I've been violent,
Because the world is awfully rough.
But, I never took a penny
That wasn't mine to keep.
Though I worked a lot of overtime
When the bills got just too steep,
The Soldier squared his shoulders and said
And I never passed a cry for help
Though at times I shook with fear,
And sometimes, God forgive me,
I've wept unmanly tears.
I know I don't deserve a place
Among the people here.
They never wanted me around
Except to calm their fears.
If you've a place for me here,
Lord, It needn't be so grand,
I never expected or had too much,
But if you don't, I'll understand."
There was silence all around the throne
Where the saints had often trod
As the Soldier waited quietly,
For the judgment of his God.
"Step forward now, you Soldier,
You've borne your burden well.
Walk peacefully on Heaven's streets,
You've done your time in Hell."

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MACC, why no action against officers in TBH case? By Lim Kit Siang
Sunday, June 16, 2013
From Malaysiakini

MP SPEAKS The Malaysian Anti-Corruption Commission (MACC) has urged the Enforcement Agency Integrity Commission (EAIC) to remove Mohd Nadzri Ibrahim, its sole investigator, from investigating death-in-custody cases.

NONEThis is MACCā€™s response to the query by two DAP MPs, Zairil Khir Johari (Bukit Bendera) and Steven Sim Chee Keong (Bukit Mertajam) whether EAICā€™s integrity would be in doubt if Mohd Nadzri (left-reminds me of a sly goat with a smirk, meaning Satan's disciple-edit) was the MACC officer who was part of the MACC probe causing the mysterious death of DAP aide Teoh Beng Hock at Selangor MACC headquarters in Shah Alam on July 16, 2009.

A MACC statement issued on Thursday night read:

ā€œMACC does not want any MACC officers linked to any controversies, whether it involves MACC itself or the EAIC.

ā€œIn this matter, MACC wishes to stress that Mohd Nadzri Ibrahim, an MACC officer who was seconded to the EAIC since more than a year ago, is an officer who has always conducted his duties professionally.

teoh beng hock plaza masalam macc sprm 160709 candlelight vigilā€œ...MACC is confident that the EAIC, which is an independent commission, would also want to ensure justice for all parties involved in the issue of deaths in custody.ā€ This is meaningless bureaucratic gobbledygook designed to confuse rather than to illuminate the public, just because the government agency concerned has got embarrassing things to hide from the people.

Nadzri shouldn't be in EAIC

Stripped of all its gobbledygook, the MACC statement is an admission that Mohd Nadzri, seconded from MACC to EAIC, was implicated in mysterious circumstances resulting in the death of Teoh Beng Hock at MACC headquarters nearly four years ago.

teo beng hock plaza masalam macc 170709 vigil 02But the MACC does not want the whole sordid tale to be reopened, and this is why the MACC is asking the EAIC to remove Nadzri from death-in-custody cases.

It is no business of MACC to make such a request, for it has neither powers nor jurisdiction to dictate to EAIC what its sole investigator, even seconded from MACC, should investigate or not.

This problem is not whether the EAIC investigator should investigate death-in-custody cases, but that Nadzri should not have been seconded from MACC to EAIC to be chief investigator in the first place. In fact, MACC should explain why no disciplinary action had been taken against Mohd Nadzri when Teoh Beng Hock (TBH) royal commission of inquiry (RCI) report made adverse comments about Nadzriā€™s credibility and integrity as well as role in Beng Hockā€™s mysterious death.

NONEThe TBH RCI Report, in para 119, pronounced its finding on Teoh Beng Hockā€™s death, as follows:

ā€œ119. Having considered all the evidence in its entirety, we found that TBH was driven to commit suicide by the aggressive, relentless, oppressive and unscrupulous interrogation to which he was subjected by certain officers of the MACC who were involved in the ongoing operation by the Selangor MACC on the night of the 15th and into the morning of the 16th.ā€

Malaysians of course cannot accept the RCIā€™s verdict of ā€œforced suicideā€ as the cause of TBHā€™s death.

Clearly MACC officers were responsible for his death at MACC headquarters at Shah Alam on July 16, 2009 through ā€œaggressive, relentless, oppressive and unscrupulous interrogationā€ - leaving to everybodyā€™s imagination of the unlawful and even lawless torture Beng Hock may have been subjected to when he was entirely at the mercy of the ā€œoppressive and unscrupulousā€ MACC officers for 12 hours, during those fateful hours on the night of July 15 and the early hours of July 16, 2009.

MACC officers implicitly faulted


Although the TBH RCI report failed to clearly and unmistakably pinpoint the MACC officers responsible for Beng Hockā€™s death, it is clear from the report that the commissioners came to the conclusion that MACC officers were responsible for Beng Hockā€™s death. This is evident from two paragraphs in the TBH RCI report referring to the testimony of one MACC officer Raymond who had testified that he saw Beng Hock at 6 am on the 16th July 2009 ā€œlying on the sofa outside Nadzriā€™s roomā€.

NONEExpressing ā€œgrave reservationsā€ over Raymondā€™s evidence, the TBH RCI said (para 198):

ā€œIn our opinion, he was not a reliable witness and was used by those responsible for TBHā€™s death to distance them from their wrongdoings by creating an impression that TBH was not only alive at 6am on the 16th but was also resting comfortably and peacefully on the sofa outside Nadzriā€™s room.ā€

In para 201, the TBH RCI said:

ā€œ As it become obvious to us that Raymondā€™s evidence was tailored to fit certain objectives which in this case dovetailed those of the MACC officers responsible for TBHā€™s death, we rejected his evidence as being unworthy of any weight or consideration in respect of the time he claimed to have seen TBH at 6am on the 16th.ā€ Nadzri was one of the MACC officers suspected of causing TBHā€™s death at the MACC headquarters in Shah Alam on July 16, 2009. The TBH RCI report contained caustic comments about Nadzriā€™s professionalism, credibility and integrity.

For instance, the TBH RCI report reprimanded Nadzri for raising his voice when interrogating TBH in the early hours of July 16 (ā€œThird Interrogationā€), castigating Nadzriā€™s conduct as ā€œrather unnecessary and uncalled forā€, that Nadzri ā€œshould have been more professional in his approachā€, and Nadzriā€™s treatment of Beng Hock ā€œcertainly unwarrantedā€ - ā€œunless there was an agenda to put pressure on TBH by continuing to record his statement in these circumstances.ā€ [para 53]

The TBH RCI even asked whether Nadzri ā€œhad deliberately prolonged this process ( the two-hour ā€œthird interrogationā€) to torture TBH mentally and disorient him to agree to turn against his boss out of despairā€ [Para 160], and condemning Nadzriā€™s interrogation ā€œnot only duplicitous of work but contravenes sections 30 (1)(a) and 30(8) of the MACC Actā€.

Under these circumstances, with the approach of Beng Hockā€™s fourth death anniversary with the cause of his death at the MACC headquarters in Shah Alam remaining an indictment of the institutional injustice of the country, Malaysians are entitled to a full account as to what the MACC have since done to punish Nadzri and other MACC officers responsible for Beng Hockā€™s death by their unlawful abuses of power.


LIM KIT SIANG is DAP parliamentary leader and MP for Gelang Patah
posted by Major D Swami (Retired) @ 8:58 PM  
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