Teoh's death is not a murder case, court told

The Appeal Court here was told on Tuesday that DAP political aide Teoh Beng Hock's death was not a murder case as there was no element of crime involved.

Deputy public prosecutor Mohamad Abazafree Mohd Abbas, who prosecuted, submitted that based on the witnesses' testimony during the inquiry at the Coroner's Court, there was no element of crime in Beng Hock's death.

"Therefore, the Appeal Judge (High Court) had not erred in agreeing with the decision of the Coroner's Court that the death was not homicide," he said in his appeal before a three-member panel Court of Appeal judges chaired Datuk Mohamad Ariff Md Yusof.

Mohamad Abazafree also said the testimony by a specialist on pre-fall injuries did not support the search for homicide and based on that evidence, it could not be ascertain what caused the deceased to fall on the 5th floor landing of Plaza Masalam, Shah Alam.

Therefore, the Appeal Judge decision in upholding the open verdict of the Coroner's Court is apt and right in law, he added.

He also submitted that from testimony by witnesses, it was clear there was no evidence that Beng Hock's death was caused by a Malaysian Anti-Corruption Commission (MACC) officer or anyone else.

On the injury mark on Beng Hock's neck, Mohamad Abazafree said, none of the parties had questioned that he died due to "multiple injuries due to fall from height".

Although there was evidence by chemist Dr Seah Lay Hong on "one other unknown male contributor" detected on Beng Hock's belt, Mohamad Abazafree said there was no evidence to link a third party was involved in the death.

He said there was also no sign of a struggle or any weapon found at the scene.

"Therefore, there was no evidence to show that the deceased was murdered or there was pressure or threat that led to his death," he added.

Mohamad Abazafree was submitting in an appeal filed by the deceased's brother, Teoh Meng Kee, against the decision by the Coroner's Court on June 5, 2010, that Beng Hock's death was not due to suicide or murder and there was no third party involved in the death.

Beng Hock, 30, was found sprawled on the fifth floor landing of Plaza Masalam in Shah Alam where the MACC headquarters was formerly located, on the morning of July 16, 2009.

After the Coroner's Court handed down the open verdict decision, Meng Kee filed an application to the High Court to have that decision reviewed.

However, the High Court in Shah Alam rejected his (Meng Kee's) review application on December 1, 2011.

He obtained leave from the Court of Appeal on February 2, last year to appeal against the decision of the High Court.

The hearing continues today.