Former Malaysian Prime Minister Tun Dr. Mahathir Mohamad is facing a dilemma regarding his participation in the Malaysian government's Royal Commission of Inquiry (RCI) on the sovereignty of islets near Johor and Singapore. His lawyer, Muhammad Rafique Rashid Ali, has advised him to consider skipping the RCI if former chief justice Tun Md Raus Sharif remains as the RCI chairman. Rafique argues that Raus's appointment violates natural justice as he is considered an interested party.
The controversy stems from Dr. Mahathir's past legal challenges against Raus. In 2017, Dr. Mahathir contested the legality of Raus's extended tenure as a judge. Raus resigned as chief justice in 2018 when Dr. Mahathir returned as prime minister. The RCI is related to the Malaysian government's 2018 decision, during Dr. Mahathir's tenure, to withdraw review applications at the International Court of Justice (ICJ) concerning the sovereignty of Batu Puteh.
Rafique emphasizes the need for the RCI to be perceived as unbiased to maintain public trust. He argues that Raus's appointment creates a conflict of interest, which could compromise the fairness and credibility of the RCI's findings. Rafique suggests replacing Raus or requesting Raus to recuse himself to ensure fairness and justice for Dr. Mahathir.
Rafique points to Dr. Mahathir's 2017 judicial review challenging Raus's appointment as an additional judge in the Federal Court due to age limits. He also highlights Raus's resignation in 2018 and his subsequent approval to resign as chief justice.
The Malaysian government announced the establishment of the RCI on February 14 to examine the handling of the Batu Puteh sovereignty case, along with two other islets, Batuan Tengah and Tubir Selatan. Batu Puteh, also known as Pedra Branca, was awarded to Singapore by the ICJ in 2008, while Middle Rocks were awarded to Malaysia. South Ledge's sovereignty remains undetermined.
Malaysia filed for a revision of the ICJ's 2008 judgment in 2017, citing new evidence. However, in 2018, both Malaysia and Singapore agreed to discontinue proceedings before the ICJ.
The controversy surrounding Raus's chairmanship of the RCI raises questions about the integrity of the inquiry. Dr. Mahathir's potential decision to avoid participation reflects concerns about bias and fairness. As the situation unfolds, the quest for truth and justice in the Batu Puteh case remains a challenging journey.
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