Ex-Bar chief: Reveal cost for Pedra Branca review in ICJ

Ragunath Kesavan says Putrajaya must give a detailed breakdown and basis for challenging International Court of Justice's findings.

Former Bar chief Ragunath Kesavan said Malaysia should not have sought a review of the International Court of Justice’s findings. (Youtube screengrab)

PETALING JAYA: Putrajaya must reveal the cost incurred by the Attorney-General’s Chambers (AGC) in seeking a review of the International Court of Justice’s (ICJ) findings on the sovereignty of the Pedra Branca island, a former Bar Council chairman said.

Ragunath Kesavan said the people had the right to know the cost involved in the preparatory work, appointment of counsel and placing AGC legal officers in London.

He said Malaysia should not have sought a review of the findings as it was not a worthwhile effort.

“What was the legal basis to ask for the review?” he asked, adding that it was never made clear to the Malaysian public.

He said this in response to Prime Minister Dr Mahathir Mohamad’s announcement today that the Middle Rocks, which belongs to Malaysia and which is located near the once-disputed island of Pedra Branca (Pulau Batu Putih), would be developed.

“It is our intention to enlarge Middle Rocks so we can form a small island for us,” said Mahathir.

Meanwhile, the Singapore foreign affairs ministry, in a statement today, said Malaysia had informed the ICJ on May 28 that it would discontinue the proceedings it had initiated earlier.

The statement said Singapore then informed the ICJ the following day that it agreed with Malaysia’s request for discontinuance.

Attorney-General Mohamed Apandi Ali said last year that Malaysia had reappointed John Dugard as its judge ad hoc at the ICJ.

Singapore had appointed Gilbert Guillaume, a former ICJ president, to sit as judge ad hoc on behalf of the republic.

In the territorial dispute hearing between the two neighbours in 2007, Dugard represented Malaysia on the 16-man bench while Singapore relied on Pemmaraju Sreenivasa Rao from India.

Under the statutes of the court, a country which did not have a judge of its nationality on the bench may choose a person to sit as judge ad hoc.

Malaysia had on Feb 2 last year filed the application to review the ICJ’s May 23, 2008 judgment over Pedra Branca, Middle Rocks and South Ledge.

In its filing, Malaysia cited three documents recently declassified by the United Kingdom to support the application.

Apandi had said he would be leading the seven-member team, comprising three foreign experts.

In its 12-4 majority judgment, the ICJ in The Hague, had ruled that sovereignty over Pedra Branca, which is half the size of a football field, belonged to Singapore.

The bench, in a majority 15-1 decision, said sovereignty over Middle Rocks belonged to Malaysia, and the sovereignty over South Ledge is to be determined later by both nations when they sort out their territorial waters. -FMT