99. Panel to decide on SLA's wish for access to statements

Panel to decide on SLA's wish for access to statements

Published on: Tuesday, March 19, 2013 http://www.dailyexpress.com.my/news.cfm?NewsID=84658

Kota Kinabalu: The Sabah Law Association (SLA) plans to produce four witnesses to testify on the electoral rolls before the Royal Commission of Inquiry (RCI) on illegal immigrants in Sabah.
The association submitted an application to forward their own witnesses to testify before the commission.
RCI Chairman, Tan Sri Steve Shim on Monday said SLA would be allowed to do so but the witnesses' statement must first be recorded by the investigation officers, to ensure relevance to the terms of reference of the inquiry.
Shim also said that the commission would decide in its next proceeding next month the request from SLA to be given full access to all its witness statements.
He said the commission would take its time in deliberating on the application from SLA to look, among others, at any constitutional issues that may be involved.
Earlier, the commission heard the argument from SLA and the appointed Conducting Officers (CO), represented by Manoj Kurup, who objected to the request saying that the law clearly stipulated that all investigations for the purposes of the RCI proceeding and access to any information gathered from that investigation was a privilege of the appointed Investigation Officers alone.
Manoj said the Commission acknowledged the intention of SLA as the party of interest to assist in the proceeding but access to the statements must not be given to any parties outside the commission in accordance with the existing laws as well as previous decisions for similar requests in other public inquiries.
SLA submitted an application in chambers last month requesting the Commission to order its Conducting Officers to share all their over 100 witness statements.
SLA representative Alex Decena said the Commission has the supervision and control, including over the investigation aspects of the inquiry, and has the power and discretion to direct the recorded statements to be shared with SLA.
"The whole reason we apply (for access to the statements) is solely to help the commission establish the facts. The CO has done a good job but we are here to make it better.
"We have the same role therefore the evidence should be made equally available to us. If we are disadvantaged by looking at just the transcript of notes of proceedings, we may come up with misleading conclusions and recommendations," he said.
The Commission, which has been given an extension of another six months to complete their probe into the illegal immigrants issues in Sabah, is expected to hold its next proceedings from April 15 to 20.