Dr M denies unilaterally deciding to withdraw Batu Puteh review

Dr M denies unilaterally deciding to withdraw Batu Puteh review

The former prime minister says the decision not to pursue the case before the International Court of Justice was made collectively by his Cabinet in 2018.

Dr Mahathir Mohamad said he consulted various sources, including several UK lawyers, before bringing the matter to a Cabinet meeting for a decision.
PUTRAJAYA:
Dr Mahathir Mohamad has denied acting unilaterally when making the decision not to proceed with an application to the International Court of Justice for a review of its 2008 decision awarding sovereignty over Batu Puteh to Singapore.

“Azalina said I didn’t consult anybody. That’s absolutely nonsense,” Mahathir told a press conference today, referring to law and institutional reform minister Azalina Othman Said.

‘I consulted Dr Brendan Plant. I read the letters given by the Queen’s Counsel’s chambers and all that.

“I also had a briefing, and even then, I did not make a decision until I put it before the Cabinet. So, Azalina knows nothing about this thing. She is talking without any real knowledge about it.”

In April, Azalina was reported to have attributed Malaysia’s loss of Batu Puteh to a “secret” decision made by “a former prime minister”.

She said the decision was made without consulting then attorney-general Apandi Ali, who had been placed on garden leave.

Putrajaya had, on Feb 3, 2017, filed an application to review the ICJ’s decision, handed down nine years earlier, to award Singapore sovereignty over Batu Puteh.

However, upon wresting control of Putrajaya at the general election in 2018, the Pakatan Harapan government, led by Mahathir, withdrew the application before it came up for hearing on June 11, 2018.

On Feb 14 this year, the Yang di-Pertuan Agong, Sultan Ibrahim, consented to former chief justice Raus Sharif leading an RCI to inquire into why Malaysia dropped its territorial claim to Batu Puteh.

Mahathir also told the press conference he consulted several experts, including five senior lawyers from the UK, who took the view that Malaysia had a weak case.

He said Plant told him that Malaysia lacked the “silver bullet” needed to secure victory in the case.

Mahathir said Plant was also present at a briefing attended by officers from the Attorney-General’s Chambers and the foreign affairs ministry. Also present were two local lawyers appointed by Apandi.

“During the briefing, we discussed (the case). At no time did anybody contradict the views of Plant that the case was weak and that we face a risk if we go ahead,” he said.

Mahathir said he requested time to decide after the briefing, and that he wrote a letter to the solicitors a few days later expressing his opinion that Malaysia should not proceed with the case.

The matter was then brought before the Cabinet at a meeting, where Mahathir said he reiterated his opinion, and those of the experts he consulted. The Cabinet “did not oppose or reject” his proposal, he said.

“The decision was made by the Cabinet, not by me alone.”

Mahathir said Malaysia was obliged to honour its agreement with Singapore that both countries would accept any decision made by the ICJ on the matter.

“We (gave) our word of honour that we will accept (the ICJ’s decision). If we don’t accept, then we are reneging on our promise,” he said, adding that breaking a promise would damage the country’s reputation as regards its other agreements and commitments.

Earlier today, Mahathir appeared at the RCI to give his statement on the matter.

The hearing proceeded after the High Court dismissed the former prime minister’s application to recuse Raus and two others from the RCI panel.

Justice Amarjeet Singh also refused the former prime minister’s application for the RCI to be conducted in public.

The judge, however, granted Mahathir leave to commence judicial review proceedings over his right to legal representation at the RCI hearing.

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