In a dramatic turn of events, former Malaysian Prime Minister Tun Dr. Mahathir Mohamad has openly criticized the Royal Commission of Inquiry (RCI) investigating the sovereignty of Batu Puteh, Middle Rocks, and South Ledge. Through a statement issued by his lawyer, Muhammad Rafique Rashid Ali, Dr. Mahathir has expressed frustration and disbelief over the RCI's refusal to allow his legal team access to its proceedings, which commenced today.
Dr. Mahathir revealed that his legal team was neither informed about the initiation of the RCI proceedings nor given the opportunity to attend. He explained that upon learning of the proceedings, his representatives attempted to participate to present their objections and requests. However, they were denied entry, and the session proceeded behind closed doors.
"This entire process is shrouded in secrecy," Dr. Mahathir said in his statement. "How can I defend myself and explain my stance if my legal team and I are barred from attending the proceedings?"
The former prime minister underscored the importance of transparency, arguing that either he or his lawyers should be present throughout the proceedings as stipulated by Act 119 of the Commissions of Enquiry Act 1950. This Act mandates that inquiries of such a nature must be conducted openly, allowing all relevant parties the opportunity to participate and defend their positions.
The controversy surrounding Batu Puteh dates back to a 2008 ruling by the International Court of Justice (ICJ), which awarded sovereignty over the island to Singapore. This decision was contested by Malaysia, and in 2017, the Malaysian government sought an interpretation of the judgment from the ICJ. However, the application was withdrawn in 2018 under Dr. Mahathir's administration, just before the case was set to be heard.
Explaining the withdrawal, Dr. Mahathir highlighted that Malaysia and Singapore had previously agreed not to submit any further pleas, making the ICJ's 2008 decision final. This agreement was part of an effort to maintain diplomatic relations and avoid prolonged legal battles.
In February, the Yang di-Pertuan Agong Sultan Ibrahim approved the establishment of the RCI to thoroughly investigate the Batu Puteh issue. The commission is chaired by former Chief Justice Tun Md Raus Sharif, with former Federal Court Judge Tan Sri Zainun Ali serving as the deputy chairman. Other notable members include legal expert Datuk Baljit Singh Sidhu, former dean of the Law Faculty at the University of Malaya Prof. Johan Shamsuddin Sabaruddin, constitutional and administrative law expert Prof. Datin D. Faridah Jalil, Johor Financial Officer Datuk Mohammed Ridha Abd Kadir, and Director of the South Region at the Malaysian Maritime Enforcement Agency Dickson Dollah.
Dr. Mahathir also called for the removal of several members of the panel, including Tun Md Raus Sharif, Datuk Baljit Singh Sidhu, Datuk Mohammed Ridha Abd Kadir, and Dickson Dollah, citing potential conflicts of interest. However, he did not provide specific details regarding these conflicts.
Emphasizing the collective nature of decisions made during his tenure, Dr. Mahathir pointed out that any actions taken concerning the Batu Puteh case were carried out with the full consent of his Cabinet. He named key figures from his administration, including then-deputy Datuk Seri Dr. Wan Azizah Wan Ismail and ministers Anthony Loke, Gobind Singh, and Datuk Seri Mohamad Sabu, as being part of the decision-making process.
The secrecy surrounding the RCI proceedings, and the exclusion of Dr. Mahathir's legal team have raised significant concerns about the transparency and fairness of the inquiry. Critics argue that such important matters, which involve national sovereignty and international relations, should be handled with the utmost openness and accountability.
As the RCI continues its investigation, the demands for greater transparency and the inclusion of all relevant parties in the proceedings are likely to intensify. The outcome of this inquiry will not only impact the future of Batu Puteh but also set a precedent for how Malaysia handles sensitive sovereignty disputes in the future. Dr. Mahathir's battle for a fair and open inquiry highlights the ongoing challenges in balancing legal processes with the principles of justice and transparency.
Ronny M is a content creator under the Newswav Creator programme, where you get to express yourself, be a citizen journalist, and at the same time monetize your content & reach millions of users on Newswav. Log in to creator.newswav.com and become a Newswav Creator now!
The User Content (as defined on Newswav Terms of Use) above including the views expressed and media (pictures, videos, citations etc) were submitted & posted by the author. Newswav is solely an aggregation platform that hosts the User Content. If you have any questions about the content, copyright or other issues of the work, please contact Newswav.
