Lawyer appeals for Agong to make Batu Puteh RCI report public

A lawyer has appealed to Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar to make public the latest report by the Royal Commission of Inquiry (RCI) into the sovereignty issues over Batu Puteh, Middle Rocks, and South Ledge.

In a media statement, Mohamed Haniff Khatri Abdulla said this is so that Malaysians can know the truth behind the 2018 action by then-prime minister Dr Mahathir Mohamad administration in withdrawing Malaysia's appeal to the International Court of Justice (ICJ) for awarding Singapore the Batu Puteh sovereignty.

Haniff (above) said this would allow the public to ascertain whether the RCI's recommendations truly followed the Agong's decree over the commission's terms of reference.

He also said Malaysian citizens can see whether the establishment of the RCI (via the federal government seeking the Agong's assent for the commission to be set up) is truly genuine and sincere.

"Therefore, with full humility, I appeal for His Majesty to issue a royal decree for a copy of the Batu Puteh RCI report to be given to all parties involved, including Mahathir as the premier at the material time when the review to ICJ was withdrawn.

“This is so that any comments and responses over the 'finality' of the Batu Puteh RCI report can be done before it is revealed, be added as an addendum if needed, and printed in the finalised Batu Puteh RCI report, and then be revealed for the general public's reference," Haniff said.

Bernama reported earlier that RCI chairperson Md Raus Sharif presented the report to the king at Istana Negara today, during an audience lasting nearly an hour.

In February, the Legal Affairs Division of the Prime Minister's Department announced that Sultan Ibrahim had consented to the immediate establishment of the commission.

The RCI's formation was carried out under the Commissions of Enquiry Act 1950 (Act 119).

Sovereignty issue

On May 23, 2008, ICJ ruled that Singapore has sovereignty over Batu Puteh, while Middle Rocks, located less than 1km away, belongs to Malaysia.

The ICJ also ruled that ownership rights over South Ledge, approximately 4km from Batu Puteh, would be determined according to the maritime boundaries of the controlling country.

On Feb 2, 2017, Malaysia applied for a review of ICJ’s 2008 decision.

However, in May 2018, the Pakatan Harapan government under Mahathir withdrew the application just two weeks before the scheduled hearing on June 11, 2018.

On Feb 27, Minister in the Prime Minister's Department (Law and Institutional Reforms) Azalina Othman Said said the establishment of the RCI was aimed at finding a resolution and moving forward with improvements regarding issues involving national sovereignty, rather than assigning blame to any party.

She emphasised that Malaysians, especially in Johor, deserve an explanation of the reasons and factors behind the decision not to pursue the application for review and request for interpretation at the ICJ concerning the sovereignty over Batu Puteh, Middle Rocks, and South Ledge.

On June 12, Mahathir provided testimony during the closed-door proceedings of the RCI. - Mkini