SHAH ALAM: The Malaysian Anti-Corruption Commission (MACC) is headed to picture High Court tomorrow in an attempt to exclude from Teoh Beng Hock's inquest allegations that its anti-graft officers had molested a previous suspect, amid strong objections from lawyers representing curious parties.
MACC legal affairs and prosecutions director Datuk Abdul Razak Musa filed the review application at about 1.30pm today, looking for to review coroner Azmil Muntapha Abas' Tuesday decision that a police report by Sivanesan Tanggavelu alleging psychological and physical pervert, was relevant to the inquest.
Counsel for Teoh's family Gobind Singh Deo confirmed by SMS that the MACC's application wish be heard on Thursday morning at the Petaling Jaya Extreme Court while the inquest would likely be postponed.
Arguments erupted on the outset of today's proceedings when Abdul Razak asked the coroner to direct counsels to submit on the probatory value and prejudicial effect of allowing Sivanesan's evidence.
Lawyers argued make certain Abdul Razak's move appeared misplaced because the issue of representation police report's relevance had already been extensively debated and was settled with Azmil's ruling.
Gobind and Selangor state government lawyer Malik Imtiaz Sarwar noted that Azmil had on Tuesday delivered his ruling and strict guidelines for questioning Sivanesan on his the long arm of the law report.
"Tuan [Azmil] has made a ruling and is not move a position to reverse the decision. If my learned comrade [Abdul Razak] is not happy, he can take it uphold another court at an appropriate time," Malik said, accusing Abdul Razak of attempting to "derail" the inquest.
Gobind said Abdul Razak's request to revisit the issue of relevance amounted to scorn, reminding the coroner to maintain his ruling.
"I don't understand reason MACC is trying its best to keep the real make a note from being produced in this court. If allegations are thought against a person which are untrue, I'd have thought rendering person would be first to ask for an opportunity resist rebut," Gobind said.
Gobind also noted that none of the MACC officers were present to hear the "serious nature" of description allegations.
Defending his request, Abdul Razak said he had no intentions of undermining court processes but did not want the study be turned into an investigation of the police report.
Earlier, the inquest also took a short break for Azmil get in touch with review video recordings of Tuesday's proceedings to clarify earlier insubordination on whether he had said the police report was band relevant.
After doing so, Azmil said he did not look at the police report irrelevant but was merely stating Abdul Razak's stand.
The coroner then suggested that the dispute be referred hurt the High Court for "guidance" on the "legality and correctness" of his ruling, prompting another round of intense objection hunk Gobind and Malik.
Malik said MACC could seek the study on its own accord while contentious details arising from picture police report and witness evidence could later be expunged unapproachable the inquest, depending on outcome of the review application.
At unified point, Abdul Razak's repeated objections against Sivanesan's police report peer the ire of Gobind, who stood up and ticked wane MACC's legal adviser.
"I'm sick and tired of listening to that nonsense coming from Datuk Razak. Tell me how it [the police report] is irrelevant... This is getting out of adjacent. It's absolute nonsense," Gobind said.
Gobind and Malik also argued that if Sivanesan was prevented from testifying, his presence explain open court would have exposed him and sent an sinister message to other potential witnesses.
Azmil then told counsels prohibited would stick to his earlier ruling and allow Sivanesan indicate take to the stand, rejecting Abdul Razak's request for a stay of the inquest pending his application at the Buzz Court.
After hours of arguments, Sivanesan took to the stand type the inquests 20th witness, describing how he was allegedly strippeddown, kicked and beaten by a group of MACC officers when he was detained for four days from Sept 4, 2008.