Unity government spokesman Fahmi Fadzil said both a royal commission of inquiry and a special task force formed to look into the issue arrived at the same recommendations.
“Both (reports) contained the same findings,” Fahmi said at a press conference here today.
“The task force’s report recommended prosecution based on misfeasance by a certain public officer. This was also suggested by the RCI.”
The RCI had recommended a criminal probe against ex-prime minister Dr Mahathir Mohamad for deceiving the government, under Sections 415 and 418 of the Penal Code.
The task force, formed in October 2021, tabled its final report to the Cabinet in October 2022.
Then law minister Wan Junaidi Tuanku Jaafar said the task force submitted several recommendations for the government’s consideration for appropriate follow-up action, including the legal aspects, the tort of misfeasance, and Malaysia-Singapore ties.
Putrajaya filed an application on Feb 3, 2017 to review the International Court of Justice’s decision, handed down nine years earlier, to award Singapore sovereignty over Batu Puteh.
The ICJ awarded Middle Rocks to Malaysia, while the ownership of South Ledge, situated about 4km from Batu Puteh, was left for determination based on the delimitation of territorial waters.
On June 30, 2017, Putrajaya filed an application to interpret the ICJ’s judgment to address its ambiguities and implications, particularly regarding the status of South Ledge.
However, upon wresting control of Putrajaya at the general election in May 2018, the Pakatan Harapan government, with Mahathir as prime minister, withdrew both applications before they came up for hearing in June 2018.
On Feb 14, the Yang di-Pertuan Agong, Sultan Ibrahim, consented to an RCI led by former chief justice Raus Sharif to inquire into why Malaysia had dropped its review application.
The RCI’s report on its findings was released on the Parliament website last Thursday, although many of its recommendations were redacted.
The report also said Mahathir had likely acted deliberately to influence the Cabinet to discontinue the applications to review and interpret the ICJ’s decision.
Mahathir has since reiterated his denial that he had made a unilateral decision on the matter.