Wang Kelian investigating officer Superintendent Woon Tan Seng said while the victims may have been whipped, it was not to the point of death.

“They were only given food once a day. The inquiry panel and I visited the site and looked at their surroundings. If I were a victim, it is possible that I would not have been able to survive.

“Falling sick in the jungle became something common. I believe they died because they fell ill.

“I admit, they were whipped, but it did not lead to their deaths,” he said, adding that there were signs of bruising and bandages.

Woon was responding to a question from the panel on why over 100 deaths had been recorded on the hill.

Former chief justice Arifin Zakaria, who leads the inquiry, cited a report by the Human Rights Commission of Malaysia (Suhakam) and Fortify Rights stating how foreigners who are smuggled into the country are treated not as victims, but as illegal immigrants.

He noted that while such foreigners should be given proper treatment as victims, they are instead treated more like criminals.

Woon said while interviewing the migrants, he had asked them whether they understood that they needed valid documents to enter a country.

“They said they understood. But in this case, many of the victims knew their destination was Malaysia. Their aim in coming here was to earn money. They also knew they would enter the country illegally through Thailand.

“So if we treat them like victims, not only will it burden the country financially, it will also be a pull factor to come to Malaysia. This will become a dangerous trend.

“If they can prove they are victims, it is a different story. Then we will place them in safe houses. We have those all over the country,” he said.

To a question on the need to distinguish between those who were tricked into coming and those who did so voluntarily, Woon said it was hard to tell if they were speaking the truth.

He said while recording their statements, the migrants spoke as though they had been taught to say the same thing.

“Many enter through Bukit Wang Burma. Unfortunately, no victims willingly came forward to assist in our investigations.

“From what I could see, they were happy to secure jobs as they just wanted to earn money to send back to their families. They were not willing to help us,” he said.

Woon also said the Thai authorities had informed them that four syndicate members involved in the incident were suspected to be in Malaysia, in the border area.

He said the Perlis and Kedah police contingents had been asked to help trace the four, but there had been no feedback.

To a question from panel member Tan Seng Giaw on potential weaknesses in investigations, Woon said there were issues with getting information. He said victims and witnesses were not convinced that the authorities could apply the Witness Protection Act to ensure their safety.

“They were doubtful about coming forward. They feared for their safety,” he said.

Other weaknesses, Woon said, included a lack of understanding among the various enforcement agencies.

“To prevent such incidents from recurring, I believe we need to increase enforcement officers at the border area as well as increase patrols.

“We should also utilise modern equipment such as drones, especially in thick forests,” he said, adding that a clear understanding of the law was also needed.

The RCI was set up by the home ministry to look into the discovery of mass graves and human trafficking camps at Wang Kelian in 2015.

Other RCI panel members are former inspector-general of police Norian Mai, Noorbahri Baharuddin, Razali Ismail, Junaidah Abd Rahman and Nazirah Hussain.

The mass graves, 139 in total, and 28 abandoned camps were discovered at Bukit Wang Burma in Wang Kelian, near the Malaysia-Thailand border.

Over 100 skeletal remains, believed to be of Rohingya refugees, were found in the graves.

The government at the time was criticised for the lack of action against top officials. Although four individuals were charged in court, critics said these were merely small-time traffickers.