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Tan Sri Mohamed Apandi Ali, the former Attorney General, has expressed his willingness to be called up by the Royal Commission of Inquiry (RCI) to aid in the assessment of the Batu Puteh case. He emphasized that it is high time for the RCI panel to be established to address the matter effectively.
Mohamed Apandi stated, "No problem at all," when asked if he was prepared to appear before the panel for a hearing. He highlighted the RCI's advantage in having legal powers, unlike the special task force he previously chaired, which lacked the force of law. According to him, the RCI would be more effective in examining the Batu Puteh, Middle Rocks, and South Ledge case.
The Batu Puteh case dates back to 2008 when the International Court of Justice (ICJ) ruled in favor of Singapore's ownership of Batu Puteh. In 2017, Malaysia sought an interpretation of the judgment from the ICJ, and in 2018, the administration led by Tun Dr. Mahathir Mohamad withdrew the application to overturn the ICJ ruling.
In October 2022, Dr. Mahathir claimed that the decision not to pursue legal action at the ICJ was based on advice from officers appointed by Mohamed Apandi. Subsequently, a special task force formed to investigate the case suggested that Dr. Mahathir might have erred in withdrawing the application.
Datuk Seri Azalina Othman Said, the Minister in the Prime Minister’s Department responsible for law and institutional reform, announced that the RCI panel on the Batu Puteh case aims to identify weaknesses in case management. She explained that while a task force had previously examined the issue, limitations existed in conducting further investigations, making the RCI necessary for a comprehensive inquiry.
Due to the case's complexity involving maritime borders and islands, Azalina highlighted that the RCI would also help establish processes and procedures for handling sovereignty issues and determine the responsible agency for sovereignty matters.
The complexity of the Batu Puteh case, which involves maritime borders and islands, underscores the need for a thorough and systematic examination. Azalina emphasized that the RCI's role extends beyond assessing weaknesses in case management; it will also contribute to establishing a clear framework for addressing sovereignty issues in the future.
The Batu Puteh case has been a longstanding issue between Malaysia and Singapore, with both countries claiming sovereignty over the island. The ICJ's ruling in 2008 in favor of Singapore was a significant development in the dispute. Malaysia's subsequent application for an interpretation of the judgment in 2017 and the withdrawal of this application in 2018 under Dr. Mahathir's administration have further complicated the matter.
The involvement of Mohamed Apandi, particularly in advising on the decision not to proceed with legal action at the ICJ, has added another layer of scrutiny to the case. The special task force's findings indicating a possible error in Dr. Mahathir's decision have raised questions about the handling of the case during that time.
With the RCI now set to investigate the Batu Puteh case, there is hope for a comprehensive review that could shed light on the complexities and nuances involved. The outcome of the RCI's inquiry will likely have far-reaching implications for Malaysia's approach to similar sovereignty issues in the future, making it a matter of significant national interest.
The willingness of Mohamed Apandi to assist the RCI in its assessment demonstrates a commitment to resolving this longstanding dispute. His expertise and insights could prove invaluable in untangling the legal intricacies of the case and guiding the RCI's deliberations.
As the RCI prepares to delve into the Batu Puteh case, there is anticipation and expectation regarding the thoroughness and impartiality of its findings. The resolution of this dispute holds the potential to set important precedents for Malaysia's approach to similar territorial and sovereignty issues, making it a matter of considerable significance for the nation.
In conclusion, the establishment of the RCI to investigate the Batu Puteh case represents a significant step towards addressing this longstanding dispute. With the involvement of key figures like Mohamed Apandi and the complex legal and geopolitical considerations at play, the RCI's findings and recommendations are eagerly awaited and will likely have a lasting impact on Malaysia's approach to sovereignty issues.
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