“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”, a DAP statement said, as published on the political party’s official Facebook page on Sunday.
On May 21, the Attorney General had 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.
DAP said they 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 asserted they backed 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 reiterated.
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