KUALA LUMPUR ā Former attorney-general (AG) Tan Sri Mohamed Apandi Ali has criticised Tun Dr Mahathir Mohamad over the Batu Puteh issue, saying that the former prime minister’s failure to seek his advice was a mistake.
“Tun should have asked for my advice as I was the AG and not my subordinates at the Attorney-General’s Chambers,” the New Straits Times reported him as saying.
Dr Mahathir had said he acted on the advice of Apandi’s officers on the Batu Puteh, Middle Rocks, and South Ledge issues.
“At the time, I was forced to go on leave. They called it garden leave,” said Apandi, referring to the period after the change of government following the 14th general election.
“When I was on garden leave, Dr Mahathir withdrew the case at the International Court of Justice (ICJ), which was already fixed for a hearing in June 2018.”
On May 28, 2018, Malaysia withdrew its application to review the ICJ’s award of Batu Puteh’s sovereignty to Singapore.
The matter is now the subject of a royal commission of inquiry.
Apandi said he was ready to testify.
On Monday, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said told the Dewan Negara that the prime minister at the time decided on the matter on his own without consulting the AG, who was on garden leave.
She did not name anyone, but it was a clear reference to Dr Mahathir.
On January 24, the cabinet decided to establish an RCI to review the handling of matters related to the sovereignty of Batu Puteh, Middle Rocks, and South Ledge.
The Chief Secretary to the Government, Tan Sri Mohd Zuki Ali, said the establishment of the RCI was made in accordance with the Commission of Inquiry Act 1950 (Act 119), whereby the proposed membership of the RCI will be brought for the approval of the Yang di-Pertuan Agong.
On May 23, 2008, the ICJ ruled that Singapore rightfully possesses Batu Puteh, whereas Middle Rocks, situated less than 1km from the island, falls under Malaysiaās jurisdiction.
Furthermore, the ICJ determined that the property rights of South Ledge, approximately 4km from Batu Puteh, shall be contingent upon the territorial waters controlled by the respective country.
In June 2017, Malaysia applied to the ICJ to request an interpretation of the judgement, but in May 2018, the Pakatan Harapan government withdrew its application to challenge the ICJ decision that granted the legal jurisdiction of Batu Puteh to Singapore.
In 2022, then prime minister Datuk Seri Ismail Sabri Yaakob said there was possible negligence and oversight on Dr Mahathir’s part in the Batu Puteh issue. ā April 3, 2024