investigation assignment

8/2/2019 Investigation Assignment

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A)

In order to assist inspector Abdul Fatah in this case, we need to collect the evidence and

information regarding to this case. Before we started to investigate this case, we need to know

the investigation process as well. First of all, no one should be made subject to guilt unless

prima facie proven against suspect. No prima facie can be established if there is no proper

investigation conducted against the allegation made on suspect. The investigation processes

are divided into two that are crime scene processing and criminal investigation. Crime scene

processing requires vigorous scientific methodologies. Whereas criminal investigation has less

of a hard science character and relies more on the experience and skills of the investigator

rather than rigid scientific protocols and procedures.

I)

The investigation started with interview and interrogation. Normally interviews are

conducted with people who the investigators believe are willing to give information regarding a

case. Interviews can be conducted with victims, witnesses, and complainants. Investigator

should show concern for the victim. Witnesses should be separated as soon as possible and ask

questioned one at a time.

In this case, we will conduct interviews with the restaurant owner and the guard. The

restaurant owner is the complainant and the guard is eye witness. The restaurant owner called

and informed to the inspector Fatah that he found a dead body of Bangladeshi in a drain beside

his restaurant because of that we want to conduct an interview with him. The restaurant owner

is the one of the witness in this case because he had found the death body and he also the

complainant in this case. The questions we would ask to the restaurant owner during the

interview are as follow:

I. Where you found the dead body?

II. How you know that there is a dead body?

III. How you know that dead body is the Bangladeshi?



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IV. Do you know the Bangladeshi before this?

V. That Bangladeshi has come to your restaurant before this?

VI. What is the accurate time when your guard informed to you?

VII. Are you willing to give true statements in court?

VIII. How many guards work in your restaurant?

IX. Is it in your restaurant sale the alcohol drink?

X. Is it the numbers of Myanmarians come to your restaurant is high?

XI. Do you know any myanmarians details that regularly come to your restaurant?

XII. What time your restaurant will close?

XIII. Who normally close your restaurant?

XIV. Where you are when your guard informed to you?

XV. Are you believed that your guard tells the truth?

After interviewed the restaurant owner we also want to conduct the interview with the

guard because the guard is the eyes witness in this case. The guard is the main witness in this

case. The types of questions that we will ask to the guard are:

I. Actually what happened that day in the outside of restaurant?

II. How long do you work here?

III. Who fight with whom?

IV. Do you have seen the Myanmarians and Bangladeshi before this?

V. What time you informed to your boss?

VI. What time your boss reached to restaurant?

VII. Who started to fight first?

VIII. Is they were drunk alcohol drink?

IX. Can you identify the accused persons?

X. What kind of weapons the accused persons used?

XI. Have you tried to help the victim?

XII. Are you using phone? If you using why you never informed that incident to

police first?



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XIII. Are you willing to give the truth statements in court?

XIV. Why you never stop the fight at beginning?

XV. Why you allowed them to drink in the restaurant? Is it the fight started after the

restaurant closed?

XVI. Is there any relationship between you and that group? Because you allowed

them to drink after the restaurant closed?

These are the questions that we will ask with both witnesses. We also will conduct

interrogation on the accused persons. Interrogation are conducted with people whom the

investigator believe are not willing to give about a case, as well as people whom the

investigator believes have committed or helped commit a particular criminal offense. In this

case, we would conduct interrogation with the Myanmarians because they are fight and

smashed on Bangladeshi head. And according to the statements given by the guard we have

suspect that Myanmarians are accused in this case. We will conduct the interrogation with

aggressive ways. The questions we will ask with them are:

I. Where are you working?

II. The country you from?

III. The place you working?

IV. What happened on that day?

V. Why you fight with the Bangladeshi?

VI. What is the relationship between you and the Bangladeshi?

VII. Do you know that the Bangladeshi died?

VIII. Are you killed the Bangladeshi?

These are the questions that I and inspector Abdul Fatah will ask to the Myanmarians.

According this case, we have suspect that the Myanmarians are the accused in this case

because of the statement given by the guard.



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II)

The polygraph examination can help the investigator in obtaining the truth, whether it

be obtaining admission of guilt or clearing a person of a crime. It is important to note that a

polygraph cannot detect truth, as it only measures bodily reactions to questions. It does this

through measuring blood pressures, galvanic skin response and upper and lower chest

respiration.

If the suspects are arrested, Inspector Fatah and I will conduct polygraph examination to

the Myanmarians. We already conducted interviewed with them but we cannot get the real

statements from them. Because of that we are going to conduct polygraph examination. In

polygraph examination, Inspector and I have responsibility to provide the examiner with all the

facts of the investigation to include connections between the suspects of the crime scene.

Before conduct polygraph we need to ensure that the suspects is not mentally or

physically handicap and under the influence of alcohol or drugs.

For the polygraph examination to be accurate, the examiner must determine a base line

of bodily measurements thought 3 sets of questions construction and delivery. The first sets of

questions are asked of the subjects that are non-threatening, such as “are you man”? Or is your

country Myanmar? These questions allow the examiner to adjust the machine for neveusness.

The second set of questions that are meant to be failed, such as “have you ever killed

anyone before this? Or have you ever beat anyone before this? The third set of questions deals

with the case such as “did you kill the Bangladeshi beside the restaurant? Or do you know

about the fight between Bangladeshi and a group of Myanmarians beside the restaurant?

When the examiner asks these questions, the Myanmarians reaction is high then the

examiner will announce with us that these Myanmarians could be accused in this case.



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III)

Photographs are admissible in court only if they accurately depict the area observed. It

is important that entry photographs be taken before any evidence is touched or before the

crime scene search commences.

These are area shots of the entire crime scene that overlap. Individual dose up

photographs should be taken of each item of evidence from several angles in order to preserve

its condition at the time it was discovered. It is usually a good idea to include a rule or other

standard item.

Exit photographs should be taken after the crime scene has processed to demonstrate

that the scene was properly processed and that no unnecessary damage occurred.

In this case, when inspector Abdul Fatah and I reached in crime scene we had took entry

photographs from different angles to maintain the perceptive. We also took photographs all

the evidences. We had looked every single evidence and took photo.

After removed all the evidence included the dead body from the crime scene, inspector

Abdul Fatah and I had took the exit photos from different angles. We took these photos to

show in court because in court the judge only accept if there is entry and exit photographs.

The photos we had took when reached to the crime scene are:

I. The dead body of Bangladeshi.

II. The liquor bottles.

III. The shoes of Bangladeshi.

IV. The blood of Bangladeshi.

V. The broken chair.

VI. The wallet of Bangladeshi.

VII. The hand watch of Bangladeshi.

VIII. The drain and the side of the drain.

IX. The cigarette buds.



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IV) SKETCH



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V)

There are two important elements must be proved in every crime. Those are actus reus

and mens rea. The actus reus of murder includes, who can commit murder, where murder can

be committed, who can be the victim, unlawful killing and death. The mens rea of murder

includes an intention to kill any person or an intention to cause grievous bodily harm to any

person.

The first element of actus reus for murder is who can commit murder. A man of sound

memory and of the age of discretion. In this case, the Myanmarians were committed the crime

by killing the Bangladeshi. We identify that the accused is Myanmarians from the statements of

guard.

The second element of actus reus for murder is where murder can be committed. The

place crime is beside the restaurant. According to the statements given by the guard that the

Myanmarians and Bangladeshi fight beside the restaurant and the Myanmarians beat the

Bangladeshi.

The third element of actus reus for murder is who can be the victim. The victim for this

case is Bangladeshi. We found his body in the drain in unconsciousness condition. So, we sent

him to the hospital to identify whether the he is alive or not. The post mortem report shows

that he was died.

The fourth element of actus reus for murder is unlawful killing. We got information from

the guard that the Myanmarians is fight and beat the Bangladeshi. The Myanmarians do not

have any rights to kill the Bangladeshi. It is showing that the Myanmarians were done unlawful

act. It causing for his death. After that, we identified that the Bangladeshi was died because of

the grievous bodily harm. So, we prove that there also has a death. Finally, had proved the

actus reus elements.

The next important element is mens rea. Under mens rea have two elements which

were pertinent elements and must be proved by the investigators. So, we have responsibility to

do so. The elements are an intention to kill any person or an intention to cause grievous bodily



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harm to any person. As in this case, we have only one element which is related to the case. It is

an intention to cause grievous bodily harm to any person. The Myanmarians does not have any

intention to kill the Bangladeshi. According to the statement of the restaurant guard, we

confirmed that the Myanmarians and Bangladeshi drunk together and there is no any intention

to kill. So, this classified as an intention to cause grievous bodily harm to the Bangladeshi.

Because the fight started suddenly while it was not pre-planned murder.

At last, the both element were proven and the accused persons could be charged for

murder under section 302 PC and can be sentence for death sentence.



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VI)

The investigator needs to carefully record and document all details regarding the crime

scene. The investigator must take note of the date, time, condition, weather, lighting, directions

of sunlight direction of wind, visibility must be recorded. In violent crime, the investigator must

first determine if the victim is alive, dead or injured.

The investigator must bring the evidences in court. For this reason the crime scene must

be protected until all possible evidences, photos, prints, sketch and other evidences are

collected. The recover from the crime scene of this case are:

I. The liquor bottles.

II. The shoes of Bangladeshi.

III. The broken chair.

IV. The wallet of Bangladeshi.

V. The hand watch of Bangladeshi.

VI. The cigarette buds.

VII. The broken table.

VIII. The broken glass.

IX. The dead body of Bangladeshi.

X. The hair.

XI. The finger print.



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VII)

To become a good investigator, the inspector Abdul Fatah and his team will have hurdle

a lot of challenges and training before becoming full investigator. Knowledge of basic

fundamentals, method and techniques of investigation is obviously essential for anyone who is

doing investigation. In addition to this there are many of characteristic that the investigator

must develop in order to perform their duties.

One characteristic that should be developed by an aspiring investigator is his logical

thinking and analysis. This means that they must be able to think logically in order to arrive at a

sound conclusion. This does not mean that an investigator cannot be creative. Great

investigators and detectives are able to switch on their logical thinking and their creative

thinking at will. This means that depending on the situation, great investigator must be able to

know when to utilize his logical thinking and when they should to utilize their creative thinking.

In case, the investigator and his team must think logical that according to the statement given

by the guard the inspector need to think that the Myanmarians are the accused in this case.

Another characteristic that investigators should have is their ability to give attention to

detail or observing keen attention to details, as not all clues are found in plain sight. A good

investigator should be able to spot clues even if it is in its minute form. According to this case,

the inspector Abdul Fatah and his team need to attention when the witnesses guard and the

restaurant owner give information regarding to the incident.

Finally, curiosity is the interest of the investigator to get to know something regarding to

the case. For this case, the inspector Abdul Fatah and his team need to have curiosity regarding

to this case such as actually what happened that day and what is the motive of this murder.



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B)

Teoh Beng Hock was a Malaysia journalist and political aide to Ean Yong Hian Wah, a

member of the Selangor state legislative assemblyman and state executive council. On 15 July

2009 at 6 evening, the Malaysia Anti-Corruption Commission (MACC) took Teoh Beng Hock into

custody at Plaza Masalam, Shah Alam on 14th

floor for interview regarding allegations of

corruption until the next day 16 July 2009, 3.45 mornings. The purpose of Malaysia Anti-

corruption commission took Teoh Beng Hock into the custody is, Teoh was one of the witness in

the corruption case of Ean Yong Hian Wah. At about 1.30 pm on 16 July, a janitor found Teoh

Beng Hock’s body on the fifth floor of the same building. Teoh Beng Hock was engaged to Soh

Cher Wei and planned to register his marriage with her the day following his death. At the time

of Teoh Beng Hock’s death, Soh Cher Wei was two months pregnant.

Teoh Beng Hock’s body was post mortem into two times. The first post mortem was the

official post mortem. This post mortem did by DR. Khairul Azan Bin HJ. Ibrahim and DR.

Prashant Naresh Samberkar, the undersigned at 12.00 hours on 17/072009 within the Tengku

Ampuan Rahimah Klang, Hospital Mortuary made a post mortem dissection on the body of

Teoh Beng Hock. In first post mortem found that Teoh Beng Hock died as the result of internal

injuries sustained in a fall. There were 22 areas were injured in Teoh Beng Hock’s body. The

injuries found from Teoh Beng Hock body during the first post mortem were;

Multiple punctuate abrasions over right forehead over an area measuring

7X2.8cm.

A 5.5X5cm haematoma over right cheek with overlying abrasion measuring 1X

1cm.

Abraded laceration over right side of lower lip measuring 4cmX1.4cm.

A horizontal abraded laceration over the chin measuring 5.5X1cm, with midline

fracture of the mandible and loss of the right upper incisor.

Small abrasion over front of left side of neck, 1.5cm away from midline, oblique

position measuring 2X 0.5cm.



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Bulge due to fracture and dislocation of right sacro illiac joint. Other pelvic

bones fracture was also felt on palpation. Overlying skin shows a small abrasion

measuring 1.3X0.6cm.

Laceration over anal orifice exposing the underlying soft tizzies measuring

6X2cm with extended laceration at 3’o clock, 6’o clock and 8’o clock position.

A parchmented abrasion involving the lower fold of the gluteum on both sides

measuring from left to right 25X3X2cm.

Multiple pinhead size to 1cm in diameter size punctated parchmented abrasions

over back and outer aspect of right thigh.

Z shape laceration over left heel, total length 7.5 and and 1 to 2 cm thick. The

underlying heel bone was fractured the other tarsal and metatarsal bones were

also fractured.

Diffuse multiple areas of pin point to pin head size ecchymosis over inner aspect

of middle 1/3 of right arm up to the right index finger, more prominent on lower

1/3 of the front of right forearm measuring 50 x 9 x 5 cm. A fracture of middle

1/3 third of right humerus was present.

Multiple linear ecchymosis on the left side of chest 2 cm from midline overlying

second, third, fourth and fifth left ribs.

The right leg was shorter than left leg.

The left forearm showed ecchymoses over inner side of left forearm measuring

9X4cm. The underlying forearm bones were fractured. The left arm bone was

fractured.

A rectangular imprint abrasion due to buckle of wrist watch measuring 4X2cm is

present on the front aspect of the left wrist.

Patchy area of irregular parchment abrasion over umbilicus and lower abdomen

covering an area of 13X20cm.

Multiple linear pin point to pin head size ecchymosis over outer side of right

shoulder covering an area of 6.5X2cm.

Small bruise over left scrotum measuring 1X1cm.



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Small abrasion over medial aspect of left groin measuring 4X2cm.

Multiple closed fractures of right shaft of femur with haematoma over front of

right thigh measuring 12 x 10 cm.

A large of puctate abrasion over the front of right thigh, right knee and right shincovering an area of 60 x 8 x5 cm. A laceration was present just above the right

ankle, measuring 5 x 2 cm, and is associated with multiple fractures of the distal

3rd

of the right tibia and fibula. The right tarsal also showed multiple fractures.

Multiple irregular parchmented abrasion extending from left knee to middle 1/3

of left shin measuring over an area of 25 x 9 x 5 cm with multiple fractures of

the left tibia and fibula.

The items and evidences were found on the Teoh Beng Hock’s body on first post mortem are:

The right shoes sole showed a white chalky scratch measuring 7X4cm, over the

middle outer aspect. A small white abrasion is also present on the outer aspect

of the heel measuring 3X1.5cm.

The right socks upper end was soaked with blood and showed a tear on the

elastic band measuring 4X2cm. The left socks were soaked with blood and the

heel showed a tear measuring 2X1.5cm.

There was dry blood stain at right upper middle one third along the mind line

from the black coat wearied by Teoh Beng Hock.

In the shirt, the first collar button was unfastened. Its 2nd

button was missing.

The 4th

to 7th

button were fastened. The shirt was not tucked. An orange pen

bearing name ‘SPRM’ was present in the left shirt pocket. The front of the right

collar is blood stained.

In Teoh Beng hock’s underwear, showed blood stain at right side and perineum

area. There was vertical tear at back of perineal region on the right side

measuring 9cm and another horizontal tear on the perineum region showed a

small tear measuring 1cm.



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The second post mortem on the remains of Teoh Beng Hock was carried out by a group

of pathologists at the Forensic Department of Sungai Buloh Hospital. The post mortem, led by

the hospital's Pathology Unit head, Dr Shahidan Md Noor, started at 1pm and finished at

approximately 3.15pm. There also present to witness the post mortem were independent

pathologist from the United Kingdom, Professor Dr Peter Vanezis, who is representing the

Malaysian Anti-Corruption Commission (MACC) and Thailand's forensic expert invited by the

Selangor state government, Dr Porntip Rojanasunand. In October 2009, the Dr. Pornthip

Rojanasunand, a Thai pathology expert, testified in the inquest by saying that there is an 80%

probability that Teoh Beng Hock's death was caused by homicide or murder. In October 21

testimony, Rojanasunand noted several injuries on Teoh's body, which she said were consistent

with injuries from manual strangulation, beating and anal penetration.

Dr. Pornthip Rojanasunand, who is the director general of the Thai Ministry of Justice's

Central Institute of Forensic Science, went on to say that it was possible that Teoh Beng Hock

was unconscious when he fell to his death from the office building. She also testified that Teoh

Beng Hock could have been strangled until he lost consciousness before the fall, or blacked out

from the pain due to other injuries inflicted on him. Teoh Beng Hock's becoming unconscious

could have possibly been the result of manual strangulation, and secondly from the pain from

the gluteal region from the buttocks.

In investigation found that the MACC officials claimed that the interrogation had lasted

for about 9 hours. According to the MACC also, Teoh Beng Hock was freed at 3.45am however

without proper explanation, his possessions, including his mobile phone, remained in MACC

custody. MACC officials also claimed that Teoh Beng Hock asked to stays the night at the MACC

office, and was claimed to be last seen alive around 6am. Teoh Beng Hock was found dead at

1.30pm later in the day. The investigation had been into allegations that Ean Yong had paid

RM2, 400 for flags to be used in Merdeka Day celebrations, but not taken delivery of the flags.

Teoh Beng Hock's colleagues who had also been questioned claimed that they were put

under pressure from MACC officers, including being denied access to legal counsel and food or

drink. Teoh Beng Hock's mobile phone was still in the possession of MACC officials when he was



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found dead at 1.30pm despite the MACC's claims that Teoh Beng Hock was released at 3.45am.

The mobile phone was later handed to the police for investigation.

The coroner in the Teoh Beng Hock Inquest of Teoh Beng Hock is Tuan Azmil Muntapha

Abas. He is assisted by the Attorney General’s Chambers appointed lawyer, Tan Hock Chuan .

The other parties involved in the death inquest are Gobind Singh Deo, who holds a watching

brief for Teoh Bock Hock’s family, Malik Imtiaz Sarwar, who holds a watching brief for the

Selangor Government, Datuk Abdul Razak who holds a watching brief for MACC, and finally a

group of lawyers holding a watching brief for the Malaysian Bar.

The Inquest into the death of Teoh Beng Hock began on 29 July 2010 at the Shah Alam

Magistrates Court. The evidence led at the Inquest appears to suggest that Teoh Beng Hock

committed suicide by jumping from the 14th floor of Plaza Masalam landing on the 5th floor.

The initial post mortem result showed that Teoh Beng Hock died from internal injuries suffered

from the fall.

In October 2009, Dr. Pornthip was retained by the Selangor Government to conduct a

second autopsy on Teoh Beng Hock. His body was exhumed in November 2009. During her

testimony in chief, Dr. Pornthip said that it was unlikely Teoh Beng Hock had committed suicide.

She testified that it was likely that Teoh Beng Hock was unconscious as a result of strangulation

before he fell to his death. Dr. Vanezis, however, who testified for the MACC disagreed with her

theory and said Teoh Beng Hock was conscious during the fall.

After 37 witnesses and on 4 November 2010, the Coroner directed all parties to file their

written submissions on 10 December 2010. 17 December 2010 was fixed for clarification of

submissions. However no clarification was needed. The coroner then fixed 27 December 2010

for parties to file submissions in reply and fixed 5 January 2010 for decision of the inquest. On 5

January 2010, the coroner could rule that Teoh Beng Hock had committed suicide, and there

were person who had caused Teoh Beng Hock’s death to a misadventure or it is an open

verdict.



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The setting up of the commission was announced by Prime Minister Datuk Seri Najib

Razak on January 26, 2010 after the Coroner's Court delivered an open verdict. In royal

commission inquiry, the Federal Court judge Tan Sri James Foong Cheng Yuen chaired the

Commission of Inquiry. The other royal commission inquiry members were former Federal

Court judge Datuk Abdul Kadir Sulaiman, former Appeal Court judge Datuk T. S. Nathan, Penang

Hospital's forensic pathology consultant Datuk Dr Bhupinder Singh, Dean of Cyberjaya Medical

Science College University and consultant forensic psychiatrist Professor Dr Mohamed Hatta

Shaharom and Legal Affairs Division Director General at the Prime Minister's Department Datuk

Saripuddin Kasim.

Throughout the proceedings from Feb 14 to May 18, 70 witnesses were called in royal

commission inquiry. The Royal Commission of Inquiry found that Teoh Beng Hock had been

driven to commit suicide by aggressive, relentless, oppressive and unscrupulous interrogation

by three MACC officers. The three named were Selangor MACC Deputy Director Hishamuddin

Hashim, and his officers Mohamad Anuar Ismail and Ashraf Mohd Yunus. The three MACC

officers involved in interrogating Teoh Beng Hock have been suspended pending an

investigation by the police.

(1,917 words)



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The crime scene photos of Teoh Beng Hock



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The first post mortem report of Teoh Beng Hock



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NEWS PAPER CUTTING



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NEWS PAPER CUTTING



NEWS PAPER CUTTING

investigation assignment

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