KUALA LUMPUR, Nov 2 — The High Court here was told today that the family of Teoh Beng Hock has been aware for more than seven years that the death of the then political secretary in 2009 had never been investigated as a murder case.

Senior Federal Counsel Mohammad Sallehuddin Md Ali raised the matter in the government’s preliminary objection to the fresh judicial review application filed by Beng Hock’s family on April 17 this year.

According to Mohammad Sallehuddin, the investigation into Beng Hock’s death in 2009 had actually been reclassified under Section 342 of the Penal Code for wrongful confinement in 2019.

He noted that while the family had previously complained about the slow pace of the investigation and questioned whether the matter had been referred to the Attorney General’s Chambers (AGC), they had delayed taking legal action.

“Despite their knowledge, they only filed the application to commence a judicial review now, which has exceeded the statutory deadline of three months.

“Pursuant to Order 53 Rule 3(6) of the Rules of Court 2012, the three-month period for the family to seek leave for judicial review began on June 28, 2019, the date of a letter from the applicants’ previous lawyer questioning the classification of the investigation under Section 342 of the Penal Code, and expired on September 29, 2019,” he said. 

In response, lawyer Lim Wei Jiet, representing Beng Hock’s family, countered that they had written to the police and the Attorney General in the past. 

However, they never received any confirmation on whether the investigations was being conducted under Section 302 for murder or Section 304 for culpable homicide not amounting to murder.

“But now they come to court today claiming we are out of time. If the court agrees with them, we urge the court to grant an extension of time. This case has generated massive public interest for many years, yet the family has been left completely in the dark about what happened to him,” Lim said. Beng Hock’s parents were present in court today. 

Judge Norliza Othman then fixed November 17 to deliver the ruling on whether to grant the family’s request for an extension of time.

On April 17 this year, the deceased’s brother, Teoh Meng Kee, and parents, Teoh Leong Hwee and Teng Shuw Hoi, filed an application for leave to commence judicial review proceedings. They named the Inspector-General of Police, PDRM Criminal Investigation Department director, PDRM, Attorney-General and the Government of Malaysia as the first to fifth respondents.

The applicants are seeking a declaration that the respondents have a legal duty to initiate an investigation into Beng Hock’s death on July 16, 2009, under Section 302 of the Penal Code for murder, or culpable homicide not amounting to murder under Section 304 of the Penal Code and seeking the mandamus order to compel the respondents to complete the investigation within 120 days from the date of the court order.

On November 21, 2024, the High Court here ordered PDRM to complete the investigation into Beng Hock’s death within six months after allowing a judicial review application by the deceased’s parents.

However, on May 20, 2025, the Criminal Investigation Department of the Selangor Police Contingent Headquarters wrote a letter to the family’s former lawyer stating that the investigation had been conducted under the offence of wrongful confinement pursuant to Section 342 of the Penal Code, and that the Attorney General’s Chambers had decided to take No Further Action (NFA) on the matter.

Beng Hock, who was then political secretary to Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead at the Plaza Masalam building in Shah Alam after having given a statement at the MACC office on the 14th floor.

On January 5, 2011, the Shah Alam Coroner’s Court returned an open verdict, ruling that Beng Hock’s death in 2009 was neither a suicide nor a homicide, and finding that no third party was involved in his death.

Subsequently, on July 21, 2011, the Royal Commission of Inquiry established to investigate Beng Hock’s death ruled that his death was by suicide. On September 5, 2014, the Court of Appeal reversed the open verdict in Beng Hock’s death case and ruled that his death resulted from an unlawful act committed by one or more unidentified persons. — Bernama