BATU PUTEH RCI RECOMMENDS CRIMINAL PROBE BE INITIATED AGAINST DR MAHATHIR

KUALA LUMPUR, Dec 5 (Bernama) -- The Royal Commission of Inquiry (RCI) to Investigate the Handling of Matters Related to the Sovereignty of Batu Puteh (Pedra Branca), Middle Rocks, and South Ledge has recommended that 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 Members of Parliament 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.

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“In the context of Section 415(b), what needs to 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 that Dr Mahathir may have deliberately persuaded the Cabinet not to proceed with both applications, despite the contrary opinion of international consultants, who stated that there was a basis for the applications and a possibility of success.

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On May 23, 2008, the ICJ ruled that Singapore had sovereignty over Batu Puteh, while Middle Rocks, located less than a kilometre from the island, belonged to Malaysia. 

Additionally, the ICJ decided that the ownership of South Ledge, located about four kilometres 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 that 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 of Malaysia because as prime minister, he had an obligation to protect the nation's interests.

The RCI believes that Dr Mahathir had deceived the Government of Malaysia, which consists of Cabinet members, and caused them to make the decision 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 that 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 suggests that important matters involving national sovereignty, which could determine the loss or retention of national territories, should be carried out in an integrated manner involving the relevant agencies, including state governments.

Therefore, the Commission recommends that the National Security Council (MKN) take full responsibility for issues concerning national sovereignty and establish directives and standard operating procedures (SOP) to be adhered to in handling matters related to national sovereignty.

The RCI also recommends that state governments be involved, as this would enable them to provide assistance, views, and input, and express their stance on the issue.

The report said the RCI finds that the state government of Johor 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 also 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 that the weaknesses, negligence, and a casual approach in issues involving national sovereignty, as in this case, will not recur.

“It should also be a lesson that a single letter of inquiry from external parties, along with the response provided in writing, can 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 can 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 stated.

The report also notes that to date, the issue of maritime boundaries between Malaysia and Singapore around Batu Puteh is still under negotiation.

-- BERNAMA