Photo: Bernama
KUALA LUMPUR: A criminal complaint was filed against the Spanish arbitrator who had recently acted for the defunct Sulu sultanate, says Datuk Seri Dr Wan Junaidi Tuanku Jaafar.
The action comes after the government successfully obtained a court order in Spain to declare the initial RM62.59bil (USD14.92bil) "arbitration award" issued by the arbitrator Dr Gonzalo Stampa to the so-called heirs of the Sulu sultan as null and void.
"As a protest against the arbitrator for not complying with the Madrid court order and an insult to Malaysia's sovereignty, the government has filed a criminal complaint against Dr Stampa with the Attorney General in Spain on Dec 14 last year," the Minister in the Prime Minister's Department said when replying to a question raised by Ahmad Hassan (Warisan-Papar) in Dewan Rakyat on Thursday (March 10).
The de facto law minister noted that the court in Madrid, on Oct 13 last year, declared the ex-parte partial award made by Dr Stampa on May 25, 2020, as "null and void".
However, he said the Spanish arbitrator instead continued to pursue similar action in Paris where the court in France had issued an Exchequer Order without knowledge of the decision against Dr Stampa in Spain.
Wan Junaidi said that the government had successfully obtained a court order in France to suspend the execution of the final order obtained by Dr Stampa.
"This is to send a message to irresponsible parties not to make frivolous claims against the government of Malaysia in the future," he said, adding that lawyers in Spain and France have been engaged to resolve the remaining legal issues.
He denied claims made by the opposition that the government had not done anything to protect the interest and sovereignty of Malaysia.
The issue of the arbitration award was raised by several Parti Warisan Sabah opposition MPs who claimed that the government has not done anything concrete to dismiss the claims by the descendants of the defunct Sulu sultanate.
Isnaraissah Munirah Majilis (MP for Kota Belud) stressed that action should be taken against those making such claims.
"We should lodge police reports against Dr Stampa and the Suluk descendants as it is a conspiracy.
"We should set aside this court order," she said, adding that she was disappointed that the matter was not allowed to be debated under an emergency motion.
Isnaraissah continued to press for answers from Wan Junaidi but was reminded by Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun that the minister had answered the questions raised on the issue.
Wan Junaidi noted that the Sabah High Court had ruled on Jan 14, 2020 that no arbitration action could be brought with regard to claims for gratuitous payments by the Sulu sultanate based on an 1878 agreement between Baron de Overbeck and British North Borneo Company's Alfred Dent, who were protecting the interest of their company in Sabah.
Wan Junaidi also pointed out that Malaysia decided to stop gratuitous payments to descendants of the Sulu Sultanate after the Lahad Datu armed intrusion on Feb 12, 2013, which claimed the lives of 10 security personnel members.
He stressed that the government would never compromise Malaysia's sovereignty and would pursue the matters through legal channels.
Meanwhile, at a press conference, Wan Junaidi acknowledged that the issue may be exploited by certain quarters in the southern Philippines to cause unrest.
He supported the extension of dusk-to-dawn sea curfew by the Eastern Sabah Security Zone.
He also urged security authorities in Sabah to be vigilant following the decisions by the courts in Spain and France against the failed alleged claims. - Star
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