Malaysia could have won Batu Puteh if Dr M didn't stop case - RCI

 

The Royal Commission of Inquiry (RCI) to study the sovereignty issues over Batu Puteh, Middle Rocks, and South Ledge opined that Malaysia has a fighting chance to overturn the International Court of Justice (ICJ) ruled that Singapore has sovereignty over Batu Puteh.

This was among the contents of the RCI report, which was presented to the Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar on June 18 and made public in Parliament today.

In the report, the RCI concluded that Malaysia had a fighting chance if the government had presented new facts during the Application for Review and Request for Interpretation process at the ICJ.

“The RCI opined that if the three facts (new documents) that Malaysia has slated to be presented in the Application for Review and Request were accepted by the ICJ, it may challenge the ICJ Majority Judge rule that the sovereignty over Batu Puteh has turned over to Singapore based on the argument that the republic has continuously executed authority and enforcements activities (effectivités) since the year 1953 till 1980,” it said.

The RCI also regretted former prime minister Dr Mahathir Mohamad’s decision during that time to not pursue the case.

“The RCI also opined that Malaysia has an arguable case and not a weak case as stated by Mahathir. Therefore, the decision not to pursue the case at the very last minute was very regrettable.

"As the Malaysian legal team had stated, they were ready to make the argument at the ICJ.

"All the pleading papers and written arguments have been filed. All that was needed before the case was heard was for the government to appoint a new agent as the attorney-general who acts as the Malaysian government agent has been ordered on garden leave by Mahathir,” it said.

The RCI is also of the opinion that Mahathir misled the cabinet ministers into making the decision not to pursue the case.

“The RCI found that the cabinet had agreed to the decision to not pursue the efforts on both applications solely based on the explanation that was given by Mahathir. It was a decision that was not made in a thorough discussion,” it said.

RCI formation

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].

On May 23, 2008, the ICJ ruled that Singapore has sovereignty over Batu Puteh, while Middle Rocks, located less than one kilometre 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 the ICJ's decision of May 23, 2008.

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

Minister in the Prime Minister's Department (Law and Institutional Reforms) Azalina Othman Said said on Feb 27 that 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