Lahad Datu incursion gave us right to stop paying Sulu heirs, says analyst

 

Political analyst Bunn Nagara said Jamalul Kiram III, the mastermind of the 2013 Lahad Datu attack, was recognised as the Sultan of Sulu by two successive Philippine governments. (Reuters pic)

PETALING JAYA: The 2013 Lahad Datu incursion led by one of the claimants to the Sulu sultanate gave Malaysia the right to stop paying the annual RM5,300 compensation to the heirs of the Sultan of Sulu, says a political analyst.

Bunn Nagara.

Bunn Nagara, an honorary research fellow at the Perak Academy, said there was a “gentlemen’s agreement” in 1963 after the formation of Malaysia where it agreed to continue paying the annual compensation.

He also said the fact that the Sulu descendants had approached Malaysia at the time was proof that they did not know Malaysia was “duty-bound” to continue these payments.

Bunn told a webinar, jointly organised by the Kuala Lumpur Bar Committee and Sabah Law Society, that the 1963 agreement came with the condition that the Sulu heirs did not harass Malaysia over their claims.

“In 2013, they harassed Malaysia in the most extreme way in a physical armed assault, killing people.

“Malaysia had the perfect right to stop the claims because they on their part had violated the agreement,” he said.

In February, a French arbitration court instructed Putrajaya to pay at least US$14.92 billion (RM62.59 billion) to the descendants of the last Sulu sultan.

The arbitrator, Gonzalo Stampa, ruled that Malaysia had violated the 1878 agreements between the old Sulu kingdom in the Philippines and a representative of the British North Borneo Company that used to administer what is now Sabah.

Tommy Thomas.

Earlier, in the webinar, former attorney-general Tommy Thomas said it was a “mystery” as to why Malaysia had stopped paying the annual compensation after 2013, which eventually led to the claimants turning to the arbitration court.

After Bunn’s remarks, Thomas said there was no evidence to link the recipients of the annual payments with the 2013 Lahad Datu incursion, which was masterminded by Jamalul Kiram III.

Thomas also said he was never shown any documents on the 1963 gentlemen’s agreement with the Sulu descendants when he was attorney-general.

He said there was also a dispute in 1939 between the Sulu descendants over who was to take a share of the annual RM5,300 payments. The North Borneo High Court then decided on nine people.

“If we had objective evidence that the Lahad Datu invaders were the descendants or were linked to them, then the prudent thing would be for Malaysia to go to the Kota Kinabalu court.

“At the Kota Kinabalu court, Malaysia should have asked for a declaration that, as a result of this violation, there had been a fundamental breach of the (1963) agreement, which will see the agreement coming to an end and we ceasing to pay.

“At the end of the day, when there’s a dispute, it will be governed by legal reasoning. And that was the mistake in 2013 — we didn’t get a court order justifying us (ceasing the payments).”

However, Bunn said Jamalul, the mastermind of the 2013 attack, was recognised as the Sultan of Sulu by two successive Philippine governments. - FMT