KUALA LUMPUR: Putrajaya abandoned the idea of seeking a review of Pulau Batu Puteh’s sovereignty three years ago after weighing the views of foreign legal consultants, court documents show.
According to the documents, then prime minister Dr Mahathir Mohamad felt the review should be discontinued in the interest of the nation and also due to cost implications.
“The first defendant (Mahathir) was of the opinion that there must be a plan to do a land reclamation on Middle Rocks (over which the International Court of Justice (ICJ) ruled that Malaysia had sovereignty),” the government’s defence said in response to a suit filed by Mohd Hatta Sanuri on May 28.
The defence statement, sighted by FMT, was filed last week.
On May 23, 2008, the ICJ ruled that Singapore had sovereignty over Pulau Batu Puteh while South Ledge would belong to the state in whose territorial waters it is located.
The defence said the Cabinet also agreed that the review should be abandoned. The decision was conveyed to the Sultan of Johor on June 4, 2018.
The withdrawal of the review application was recorded in the ICJ on May 29, 2018.
“The decision of the government (the second defendant) was also explained by the then attorneys-general through media statements on May 31 and July 13, 2018,” said the defence statement.
It said former de facto law minister Mohamed Hanipa Maidin also explained the withdrawal in the Dewan Negara on Sept 3, 2018.
In 2016, the Barisan Nasional-led government allowed attorney-general Mohamed Apandi Ali to conduct research and legal work in preparation of the review.
Apandi appointed two local lawyers, Firoz Hussein Ahmad Jamaluddin and Abu Bakar As-Sidek Mohd Sidek, and three foreigners – Malcolm Shaw, Daniel Lincoln Bethlehem and Brendan Plant.
The research was conducted secretly and only Apandi knew about it. Three research documents, which were not submitted at an ICJ hearing in 2007, were for the review to be filed.
The government also said it reserved the right to file an application to strike out Hatta’s suit.
In the statement of claim, Hatta said the government had not provided an explanation on why it withdrew the application despite fresh evidence that favoured Malaysia on dominion over the island.
He is seeking, among others, for the defendants to give an explanation for the withdrawal and for a declaration that they had been negligent and violated the trust placed on them by citizens.
Hatta wants the defendants to pay a minimum RM10 million in compensation to each Malaysian for the loss of the island, which is also known as Pedra Branca. - FMT
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