KUALA LUMPUR – The Royal Commission of Inquiry (RCI) established to investigate Malaysia’s handling of the Pulau Batu Puteh, Middle Rocks, and South Ledge matters has the power to issue arrest warrants for those who refuse to cooperate with investigations.
“In addition to issuing arrest warrants, the RCI, which obtained royal assent on February 14, holds the power to summon individuals for statement-taking and impose fines on those who refuse to cooperate with the commission,” said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (Pengerang-BN).
The minister added that these are among several “important powers” granted to the RCI to ensure thorough investigations that ultimately deliver justice for the people.
Azalina, who elucidated the establishment of the RCI in Parliament’s Special Chambers today, said that the special task force – which was previously created to investigate sovereignty issues involving the three areas – faced multiple difficulties, including a lack of cooperation from certain figures.
“The special task force reports also stated that there were some parties who were reluctant to cooperate due to personal and professional reasons.
“As such, the special task force was unable to verify certain facts and effectively carry out its investigations as it did not have any clear legal authority,” she said.
For the record, in 2022, former prime minister Tun Dr Mahathir Mohamad refused to cooperate with the special task force due to his objection to the chairmanship of the task force by former attorney-general Tan Sri Apandi Ali.
Citing a conflict of interest, Dr Mahathir, at that time, said that Apandi should be summoned as a witness to the inquiry rather than presiding over the task force.
More recently, Dr Mahathir’s legal representative pointed to a similar rationale, stating that their client has been advised not to partake in the RCI’s proceedings unless the commission’s chairman, Tun Md Raus Sharif, recuses himself.
Dr Mahathir’s lawyer, Rafique Rashid, said this was because Raus, a former chief justice, had a conflict of interest due to past issues involving the nonagenarian.
Meanwhile, Azalina today stood by Raus’ appointment, noting that his selection had received royal assent from the previous Yang di-Pertuan Agong.
“From a legal viewpoint, it’s clear that the selection of RCI commissioners under Act 119 is up to His Majesty’s discretionary powers; and no other party, including the RCI, has the authority to appoint or revoke the appointments of commissioners.
“This position has been clearly addressed in court cases in Malaysia,” she added.
Besides that, Azalina also said that the RCI has up to six months to complete their investigations, following which a report will be presented to the King for his consideration before it is reviewed by cabinet.
Among the goals of the RCI, she said, will be to secure information the special task force had previously been unable to obtain and study if relevant parties had violated any laws, norms, or administrative circulars in the implementation of their responsibilities.
On May 23, 2008, the International Court of Justice (ICJ) ruled that Pulau Batu Puteh was Singapore’s and Middle Rock was Malaysia’s. The court did not make a ruling on South Ledge.
Dr Mahathir’s administration withdrew two review applications submitted a year before revising the ICJ ruling, two weeks before the applications were to be heard at the world court.
The withdrawal, which drew flak from certain quarters, meant that Malaysia could no longer challenge Singapore’s sovereignty over Pulau Batu Puteh, as applications for revisions must be made within 10 years of the judgement.
Subsequently, on October 29, 2021, Putrajaya agreed to form a special task force aimed at reviewing the actions and legal issues in the cases of the three maritime features.
On January 23 last year, then-attorney-general Tan Sri Idrus Harun said the government’s decision to withdraw the review application was “irregular and inappropriate” after a special task force on the matter presented its findings in a cabinet meeting on January 11.
On October 13, 2022, then-prime minister Datuk Seri Ismail Sabri Yaakob said there was a possibility of negligence and a mistake by Dr Mahathir when Malaysia missed the chance to file a judicial review over the ICJ decision over a decade ago. – February 27, 2024