According to RCI report that was recently declassified, the Solicitor General told the RCI that she had met with Dr Mahathir, who was appointed as the 7th PM of the country on 10 May 2018, on 14 May 2018 together with the Secretary Generals of all the government ministries, heads of department and heads of the various government agencies.
The Solicitor General told the RCI that in that meeting, attended by both the Solicitor General I and II, they informed the 7th PM the need for the government to make a decision whether to proceed or discontinue with the `Application for Revision which was set for a hearing from 11 to 15 June 2018 and the Application for Interpretation set for hearing from 18 to 22 June 2018 at the International Court of Jurists (ICJ) (Para 3.16).
When asked by the 7th PM what are the chances of the country succeeding, the Solicitor General told the 7th PM that she was unable to advise the 7th PM on the merits of the case (Para 3.17) as she was not involved nor participate in the said matter all these while as it was handled by the then AG and a few lawyers from the private sector and an international expert.
The 7th PM then called for a briefing which was held on 17 May 2018 (Para 3.20 & 3.21) attended by 11 people comprising of representatives from the Foreign Ministry, the AG Chambers and 2 lawyers in private practice and the international expert.
According to the RCI, (Para 3.21) the views given by the international expert to the 7th PM at the briefing were the same views gave by him earlier that led to the country filing the Application for Revision and Application for Interpretation with the ICJ.
At the conclusion of the briefing, the 7th PM apparently told all present that he will study the issue and decide later (Para 3.22).
On 21 May 2018 (Para 3.23), the Solicitor General received the letter from the 7th PM where he wrote…`setelah meneliti cadangan tafsiran Case Concerning The Sovereignty Over Pedra Branca, Middle Rock and South Ledge di Mahkamah Keadilan Antarabangsa (ICJ), saya berpendapat bahawa usaha ini tidak perlu diteruskan’
That the Solicitor General had upon receipt of this letter dated 21 May 2018, acted by writing to the Attorney General of Singapore to inform him of Malaysia’s decision not to continue with the Application for Revision and Application for Interpretation on 23 May 2018 (Para 3.24).
Even though representatives from the AG Chambers were present at the briefing on 17 May 2018 with the 7th PM and based on the representation from the Solicitor General who claimed she had earlier told the 7th PM that she was unable to advise him on the merit of the case (Para 3.17), it appears that the 7th PM’s view that both the application should not be continued was made without the benefit of the view and advice from the Attorney General, whose role clearly set out in Article 145 of the Federal Constitution is to advise the Yang di-Pertuan Agong, the cabinet, and ministers on legal matters.
It appears that the 7th PM had formed an opinion solely based on the briefing where, according to the RCI report, the views given by all those present to the 7th PM did not varied from the opinions given earlier that led to the country filing the 2 Applications with the ICJ.
The admittance by the Solicitor General that she literally took and acted on the view of the 7th PM, who wrote that he is of the view that the 2 applications should not be continued, without her understanding and forming a view of her own in her capacity as the Solicitor General is clearly disturbing.
This act appears to paint a picture that regardless of their opinions, the AG Chambers do take instructions from the Executive as shown in the above matter.
Is that so?
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