KUALA LUMPUR, Dec 5 — The Royal Commission of Inquiry (RCI) to Investigate the Handling of Matters Related to the Sovereignty of Batu Puteh, Middle Rocks, and South Ledge has recommended a criminal investigation be initiated against Tun Dr Mahathir Mohamad.
This was one of the recommendations in the RCI’s 217-page report distributed to MPs in the Dewan Rakyat today.
According to the report, a criminal investigation could be initiated against the former Prime Minister under Section 415(b) and Section 418 of the Penal Code.
“In the context of Section 415(b), what must be demonstrated is that Tun Dr Mahathir had deceived the Cabinet and intentionally persuaded the Malaysian government not to proceed with the applications (for review and interpretation of ICJ rulings), even though the decision was made unilaterally by Tun Dr Mahathir without Cabinet approval.
“If the Cabinet had been provided with the action papers for the ICJ (International Court of Justice) case and written opinions from international consultants, the Cabinet would likely have had a different perspective regarding both applications,” the report read.
In this regard, the RCI believes Dr Mahathir may have deliberately persuaded the Cabinet not to proceed with both applications, despite the contrary opinion of international consultants, who stated there was a basis for the applications and a possibility of success.
On May 23, 2008, the ICJ ruled Singapore had sovereignty over Batu Puteh, while Middle Rocks, located less than 1km from the island, belonged to Malaysia.
Additionally, the ICJ decided the ownership of South Ledge, located about 4km from Batu Puteh, would be determined based on the maritime boundaries of the country that controls it.
In the context of Section 418 of the Penal Code, the RCI believes an investigation under this section could be initiated based on the fact that Dr Mahathir had deceived the government, knowing that he could potentially cause a wrongful loss to the government because as Prime Minister, he had an obligation to protect the nation’s interests.
The RCI believes Dr Mahathir had the Cabinet and caused them to decide not to proceed with both applications.
“In the matter of this criminal action, Tan Sri Datuk Zainun Ali and Datin Prof Dr Faridah Jalil (members of the RCI) are of the opinion that Tun Dr Mahathir’s decision not to proceed with both applications were merely a dereliction of duty and do not constitute a criminal offence under any legal provision.
“Hence, the RCI recommends a police report be filed by the RCI secretary to allow for a criminal investigation to be initiated against Tun Dr Mahathir for offences under Section 415 (b) and 418 of the Penal Code,” the RCI report read.
For future reference, the RCI also suggested that important matters involving national sovereignty, which could determine the loss or retention of national territories, be carried out in an integrated manner involving relevant agencies, including state governments.
Therefore, the commission recommended the National Security Council take full responsibility for issues concerning national sovereignty and establish directives and a standard operating procedure to handle matters of national sovereignty.
The RCI also recommended state governments be involved, as this would allow them to provide assistance, views, and input, and express their stance on the issue.
The report said the RCI found that the Johor government was never involved in the Application for Review and Application for Interpretation of (ICJ’s rulings on) Batu Puteh, Middle Rocks, and South Ledge.
“The decision not to proceed with both applications was also made without involving the state government of Johor, and this decision resulted in Johor losing the opportunity to reclaim its territorial sovereignty,” it said.
The report stated that the loss of sovereignty over Batu Puteh, as decided by the ICJ on May 23, 2008, should serve as a lesson to ensure the weaknesses, negligence, and the casual approach to issues of national sovereignty won’t recur.
“It should also be a lesson that a single letter of inquiry from external parties, along with the response provided in writing, could at any time be used as evidence by foreign parties to claim rights and sovereignty over national territory.
“Statements uttered carelessly and without sufficient information could be used by opponents to turn the situation against oneself. Therefore, every action and decision regarding fundamental matters involving national sovereignty and interests must be made cautiously and in accordance with the law,” the report read.
It noted that to date, the issue of maritime boundaries between Malaysia and Singapore around Batu Puteh is still under negotiation.
— Bernama
