On 24 July 2009, when defending Cabinet’s decision to set up the inquiry, the AG came out with the following statements (taken from the New Straits Times):

In addition, the government has decided to set up a Royal Commission of Inquiry. The functions of this royal commission must not be confused with an inquiry under the Criminal Procedure Code. Section 2 of the Commissions of Enquiry Act 1950 clearly makes reference to the inquiry into the conduct and management of government officers and departments or for the public welfare.

Welfare is defined in The New Shorter Oxford English Dictionary as “happiness, well-being, good health or fortune of a person, community, etc; successful progress, prosperity”. Therefore, it cannot be overstretched to cover an inquiry into the death of this nature, wherein an inquiry by the magistrate under the Criminal Procedure Code is more appropriate and sanctioned by the law.

As reported by Bernama:

On the Royal Commission of Enquiry, Abdul Gani said thus far, the government had set up Royal Commission of Enquiry, among others, in relation to the tragedies at the Penang Ferry Terminal and Bright Sparklers Fireworks factory.

“Those were tragedies and disasters where many lives were lost due to negligence and non-compliance of operating procedures by the relevant authorities. None touched on the cause of death of a person,” he said.

But then, this was reported by the Star:

The Royal Commission of Inquiry into the circumstances leading to the death of political aide Teoh Beng Hock would also look into the findings of the inquest.

It will look into the evidence adduced by the inquest and therefore would only be formed after the inquest has been completed, Prime Minister Datuk Seri Najib Tun Razak said here on Tuesday.

But didn’t the AG say that a Royal Commission cannot look into the death?