KUALA LUMPUR – Former prime minister Tun Dr Mahathir Mohamad has questioned why his answers to accusations against him have to be made behind closed doors in the royal commission of inquiry (RCI) into Batu Puteh, Batuan Tengah and Tubir Selatan.
“This is because various accusations have been openly directed at me and reported upon extensively in the media. They were made by members of the current cabinet, among others, saying that I made decisions secretly and unilaterally.
“If all these accusations are made in public, why do my answers and explanations need to be made in private?” he asked in a statement today.
Dr Mahathir has been subpoenaed to attend the RCI proceeding on June 12, even though the sessions started on May 21.
He has said he or his lawyer are obligated to be present throughout the proceedings until completion based on the provisions in Section 18 of the Commissions of Enquiry Act 1950.
“It is necessary for me or my lawyer to be present to follow this proceeding from beginning to end to find out if all those involved in decision-making were called, if not, why, and if so, what did they say.
“Otherwise the objective of the RCI as a ‘fact-finding’ effort has strayed from justice. I hope that this RCI will be open to the public so they can follow the proceedings.”
On April 1, law minister Datuk Seri Azalina Othman Said claimed that the “individual” who made decisions “secretly” and “alone” (in isolation) was responsible for Malaysia losing Batu Puteh during the appeals process at an international court.
Without naming the individual during a Dewan Negara sitting, she said the leader had made the decision unilaterally, without informing anyone, including the attorney-general, who was placed on “forced leave” at the time.
On January 24, the cabinet decided to establish an RCI to review the handling of matters related to the sovereignty of Batu Puteh, Batuan Tengah and Tubir Selatan.
On May 23, 2008, the International Court of Justice (ICJ) ruled that Singapore rightfully possesses Batu Puteh, whereas Batuan Tengah, situated less than one kilometre from the island, falls under Malaysia’s jurisdiction.
Furthermore, the ICJ determined that the property rights of Tubir Selatan, approximately 4km from Batu Puteh, shall be contingent upon the territorial waters controlled by the respective country.
On May 28, 2018, the Pakatan Harapan government withdrew its application to challenge the ICJ decision that granted legal jurisdiction of Batu Puteh to Singapore. – May 31, 2024