CEO Morning Brief

Mahathir Says Cabinet Decided to Withdraw Review on Batu Puteh

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Publish date: Thu, 13 Jun 2024, 10:35 AM
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TheEdge CEO Morning Brief

PUTRAJAYA (June 12): Former prime minister Tun Dr Mahathir Mohamad has hit out at Datuk Seri Azalina Othman Said, Datuk Seri Ismail Sabri Yaakob and former attorney general Tan Sri Apandi Ali for criticisms they levelled at him over Malaysia's withdrawal of a review in the Batu Puteh case.

At a press conference at the Perdana Leadership Foundation here on Wednesday, Mahathir said that Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina’s comments that he had handled the Batu Puteh case in secret without consulting the cabinet was “nonsense”.

“Azalina said in parliament I made this decision alone. That’s nonsense. I was seeking interpretations and findings of the International Court of Justice and going through them,” he said.

“What Azalina said it’s absolute nonsense. I read letters by Queen's Counsel’s and everything. And even then I didn’t make decision until I put it before [the] cabinet. Azalina knows nothing. She’s talking without knowledge,” he said.

He said that he did not make the decision to withdraw an application to review the International Court of Justice (ICJ) award of Batu Puteh's sovereignty to Singapore.

He said that at that time in 2018, he did not make the decision himself but said that it was the cabinet which had decided to withdraw after he had presented it to them.

“I didn’t make a decision. I merely expressed my opinion. I brought it to [the] cabinet, the cabinet did not oppose or reject the idea that we should not go ahead with our move.

“They didn’t oppose it but they agreed and it was minuted that they agreed not to go ahead with the review,” he said.

Mahathir said that shortly after the formation of the new government following the 14th general election (GE14) where he was elected prime minister, this matter was brought to him for instructions.

Mahathir said that upon his reading of the ICJ case and advice from Queen’s Council’s and international lawyers including Dr Brendan Plant, representing the international consultants on the matter, they opined that the case was weak from a Malaysian standpoint.

“I took time and I read all the papers and they [lawyers and consultants] said our case is weak. I didn’t make the decision myself,” he said.

“Before I was given a briefing, Brendan Plant came to see me and explained the standing and he said the case is weak. There’s no silver bullet to ensure victory,” he said.

He further said that he had the briefing with AG staff, local lawyers, representatives from the Foreign Affairs Ministry and Brendan Plant.

“We discussed these facts and findings, but at no point did anybody contradict that the case was weak and that we shouldn’t go ahead,” he said adding that this briefing was done before he had presented it to the cabinet.

WATCH: ‘Batu Puteh not my sole decision’ — Tun M

Mahathir says Apandi has no credibility and refuted Ismail Sabri’s claims of negligence

Mahathir then hit out at former prime minister Ismail Sabri, saying that he had read the ICJ papers regarding Pulau Batu Puteh as he “understood English”, taking a jab at the former’s supposedly weaker command of English.

According to Mahathir, Ismail Sabri had accused him of being negligent in this matter.

Mahathir also said that Apandi had no credibility and was untrustworthy during his tenure as AG.

Mahathir said that Apandi was the one who cleared former prime minister Datuk Seri Najib Razak of any wrongdoing in the 1Malaysia Development Bhd (1MDB) saga.

“We now know Najib was tried and found guilty. People like Apandi... Najib appointed Apandi. It’s clear he was appointed because he was an Umno lawyer and he was going to help Najib get away with his crime,” he said.

“Why would I trust him? If he was respectable I’d ask him about his opinion on the matter. Apandi has no credibility. I’m supposed to ask him? Why?

In 2008, the ICJ decided that Batu Puteh belonged to Singapore, Middle Rocks to Malaysia and South Ledge to the island state in the territorial waters in which it is located.

In June 2017, Malaysia applied to the ICJ to request an interpretation of the judgment.

In 2018, the Pakatan Harapan government, under the leadership of Dr Mahathir, withdrew an application to overturn the ICJ's ruling awarding legal jurisdiction of Batu Puteh otherwise known as Pedra Branca to Singapore.

Apandi claimed that he was not consulted on the Pulau Batu Puteh issue.

Mahathir: Middle Rocks can be better than Pedra Branca

In the press conference Mahathir said that Malaysia had gotten the better island in Middle Rocks as the land can be reclaimed and the island can become bigger.

“Middle Rocks is ours, that can be developed much more. Middle Rocks is gained by us from the ICJ decision, I don’t see why people are complaining. ICJ has done a good job for us,” he said.

Mahathir held the presser after he had attended the the Royal Commission of Inquiry (RCI) regarding issues surrounding the sovereignty of Pulau Batu Puteh, Middle Rocks, and South Ledge.

Mahathir said he had been subpoenaed to testify before the RCI regarding the sovereignty issue.

Before he attended the RCI, the High Court in Kuala Lumpur had dismissed Mahathir's application for a judicial review seeking open proceedings for the RCI instead of in-chambers.

His application to remove three members of the commission, including chairman Tun Md Raus Sharif was also denied as well as a stay of proceedings of the RCI.

However, the judge allowed Mahathir’s application for leave (permission) to challenge the RCI's decision to disallow him or his lawyers from being present throughout the proceedings.

Source: TheEdge - 13 Jun 2024

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