Mohd Hatta Sanuri claimed that Putrajaya had not provided an explanation till today on why it had pulled out the application despite fresh evidence that favours Malaysia over the island, half the size of a football field.
“It is very unfair for the plaintiff to withdraw without reason or explanation, as if the issue is a trivial matter and can just be let go or forgotten like that,” Malaysiakini reported him as saying in court documents.
In the writ of summons, filed at the High Court here on May 28, Hatta has named the prime minister and government as defendants.
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, who filed the suit through law firm Messrs Mohaji, Hazury & Ismail, want the defendants to pay RM10 million compensation to each Malaysian.
He also wants the defendants to list out the amount spent to prepare the review application, filed on Feb 3, 2017 until its withdrawal on June 1, 2018.
An official with the Attorney-General’s Chambers (AGC), when contacted today, confirmed they had been served with the cause papers and had orally applied for an extension of time to file the defence.
“However, the court has instructed us to file a formal application for consideration,” said the official, who spoke on condition of anonymity.
An online case management would be held on Monday.
In February 2017, then attorney-general Mohamed Apandi Ali, under the Najib Razak -led BN government, filed the review after the discovery of “new facts”.
Following the 14th general election victory by the Pakatan Harapan coalition in May 2018, Dr Mahathir Mohamad, who returned as prime minister, withdrew the application.
Pulau Batu Puteh, better known as Pedra Branca, is an island located 24 nautical miles to the east of Singapore and 7.7 nautical miles to the south of Johor.
On it is a lighthouse, famously known to mariners as the Horsburgh Lighthouse.
In May 2008, the ICJ in the Hague, the Netherlands, in a 12 to 4 vote concluded that sovereignty over Pulau Batu Puteh belonged to Singapore.
By 15 votes to one, it also declared the sovereignty over another disputed area, Middle Rocks, belongs to Malaysia. In a similar vote, it held the sovereignty over South Ledge belongs to the state in the territorial waters in which it is located.