KUALA LUMPUR - The Royal Commission of Inquiry (RCI) tasked with examining the handling of the sovereignty over Pulau Batu Puteh (Pedra Branca), Middle Rocks, and South Ledge cannot punish any party involved in the case because it is not within the commission's jurisdiction, the Dewan Negara was told today.
Instead, Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, stated that the setting up of the RCI aims to serve as a fact-finding mission to ensure that the process of gathering information on the case can be carried out effectively, thus resolving arising issues faced by the special task force.
"Punishment is not within the RCI's jurisdiction. It cannot impose punishment. It only has the power to impose punishment for contempt if someone is summoned but refuses to present themselves (before the RCI),” she said in reply to Senator Tan Sri Mohamad Fatmi Che Salleh.
On Feb 14, His Majesty Sultan Ibrahim, the King of Malaysia consented to the setting up of an RCI to review with immediate effect matters related to the handling of cases involving the sovereignty of Batu Puteh, Middle Rocks and South Ledge.
The establishment of the RCI is in line with the Commissions of Enquiry Act 1950 [Act 119] and is led by former Chief Justice Tun Md Raus Sharif as the Chairman.
Azalina said that the findings of the RCI investigation into the case would be brought and presented to the Cabinet to determine the outcomes and punishments if necessary before being comprehensively presented to the Yang di-Pertuan Agong.
"The MADANI government is committed to presenting the findings to Parliament so that both the Dewan Rakyat and Dewan Negara can see what actually happened, why this happened, and what should be done so that this issue does not recur,” she said.
In response to Mohamad Fatmi's original question about the benefits to be gained from the establishment of the RCI, Azalina said that the RCI terms of reference clearly allow it to conduct investigations smoothly to ensure that the truth about the issue can be uncovered.
"Among the RCI terms of reference is to obtain further evidence related to the case, review, examine, and provide opinions if any party involved has violated any laws, work norms, or administrative directives in carrying out their responsibilities.
"Also to assess, identify and make recommendations regarding legislative and non-legislative actions that can be taken and to prepare a report containing all the information for the Cabinet’s consideration,” she said.
So far, approximately 20 to 30 per cent of the investigation has been conducted by the RCI, and it is understood that several individuals and witnesses will be summoned after Hari Raya Aidilfitri to testify before the RCI in regard to the case, she added. - BERNAMA