KUALA LUMPUR - The decision not to proceed with the applications for review and interpretation of the International Court of Justice (ICJ) rulings on the sovereignty of Batu Puteh (Pedra Branca), Middle Rocks and South Ledge in 2018 was made by former Prime Minister Tun Dr Mahathir Mohamad himself, and not the Cabinet.
In fact, three members of the Mahathir-led Cabinet at the time, namely Datuk Seri Dr Wan Azizah Wan Ismail, Datuk Seri Mohamad Sabu and Anthony Loke, asserted that Dr Mahathir made the decision before the first Cabinet meeting was held in May.
In a joint statement, the trio said that the decision was made by Dr Mahathir himself on May 21, 2018, in writing to the Attorney-General without referring to the Cabinet and was informed to the Singaporean side on the morning of May 23, 2018.
"Tun Dr Mahathir only informed the Cabinet of the decision he had made two days later. And we would like to emphasise here that it was only an "information" under the "Other Business" agenda and not a discussion to determine a decision.
"Therefore, there is no issue of whether anyone objects or supports because the window of opportunity to decide has already been lost when the decision was already made in writing by Tun Dr Mahathir," said the statement which was issued in response to Dr Mahathir statement's claiming that the decision was made at a Cabinet meeting.
The Royal Commission of Inquiry (RCI) on the handling of matters related to the sovereignty of Batu Puteh, Middle Rocks and South Ledge in its report distributed to Members of Parliament on Dec 5, recommended that a criminal investigation be initiated against Dr Mahathir.
The commission believes that Dr Mahathir may have deliberately encouraged the then Cabinet not to proceed with both applications despite the international negotiators' opinion that there was a basis, and the applications had a probability of success.
Dr Wan Azizah was the Deputy Prime Minister at the time, while Mohamad, who is now the Minister of Agriculture and Food Security, held the position of Minister of Defence, and Loke currently holds the same position at the time, Minister of Transport.
The three of them are of the view that, as a statesman, Dr Mahathir should have taken full responsibility for this decision and not chosen to place it on the shoulders of those who were not involved.
"We are confident and believe that the members of the Cabinet who were present at the Cabinet Meeting on May 23, 2018, can confirm this matter," they said.
On May 23, 2008, the ICJ ruled that Singapore has sovereignty over Batu Puteh, while Middle Rocks, located less than a kilometre from the island, belonged to Malaysia. 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. - BERNAMA