(Petaling Jaya, Wednesday): DAP is upset at the weak response and inadequate action taken by Transport Minister Datuk Seri Chan Kong Choy to the Pulau Tioman ferry tragedy that resulted in the loss of 4 lives, three missing and five passengers seriously injured. Instead of suspending two Marine Department ship inspectors who were on duty during the tragedy on 13.10.2007, Chan should be bolder by suspending the Johor Marine Department state director and the State Enforcement chief for similarly neglecting their duties.

The Marine Department Johor state director and State Enforcement chief should also be suspended as they are fully responsible for the failure to detect that a ferry without the relevant operating license and passenger safety permits since March 2005 is still allowed to operate for more than two and a half years until the tragic fire in the engine room sank the ill-fated Seagull Express 2. What is the point of suspending minor officials when the top officials who should be responsible for the department’s failure escape unpunished?

By failing to take action against top officials, the Marine Department and the Transport Ministry would not have learnt any new lessons and the tragic lives lost will be wasted without any new safety procedures or accountability to ensure that there would not be a repeat of this tragedy. Chan had said that the tragedy could have been avoided if there had been stricter checks.

Chan said that on the day of the tragedy was a quiet day and it would have been easy for the ship inspectors to check, “That is why the two officers and the license of the ferry operator were suspended immediately”. In other words this tragedy could have been prevented if the Transport Ministry and the Marine Department had done its job and performed properly. However this failure can not fall on the shoulders of the two ship inspectors alone as something is very wrong when a ship can still operate without the operating license and safety passenger certificates for two and a half years.

Who was responsible for ensuring that there were stricter checks or that the ship inspectors were doing their duty? By taking action only against ship inspectors but not against the Johor Marine Department state director and State Enforcement chief is no different from trying to cover up the top officials’ failure to monitor, supervise and ensure compliance with safety procedures.

Such safety management failure by the Johor State Marine Department director and the Johor Enforcement chief is unacceptable and contrary to all principles of accountability. As Chan said the tragedy could have been avoided and lives saved if not for the negligence of the Marine Department. Top officials responsible must not only be sacked but also prosecuted for criminal negligence if Chan is sincere in what he said and ensuring that all these people are not going to die for nothing.

Further the Transport Ministry must assume full responsibility and liability for all the lives lost and injuries suffered by the passengers. Even though monetary compensation is no substitute for the lives lost and injuries, there must be some form of compensation to the victims. Any failure by Chan to make such guarantees and assurance will show his lack of commitment in helping the victims and assuming full accountability for the tragedy. The time has come for Chan to prove leadership by delivering on what he said.

DAP expresses our deepest condolences to all those victims who died or were injured. DAP have instructed our lawyers in Selangor to see how we can assist the victims in seeking compensation from the relevant authorities on the principle that the government and Chan can not run away from their responsibility of preventing this unnecessary tragedy from happening when he had said that this is one accident that can be avoided.