KUALA LUMPUR: The decision to halt the legal applications related to Pedra Branca (Batu Puteh), Middle Rocks (Batuan Tengah), and South Ledge (Tubir Selatan) was not the cabinet's official decision, but was based on a letter from Tun Dr Mahathir Mohamad.
The Royal Commission of Inquiry (RCI) into the Batu Puteh dispute concluded that the decision was based on a letter from the former prime minister dated May 21, 2018, and not a decision made by the cabinet on May 23, 2018, which began at 9.30am.
"The statement further shows that the decision was communicated to Singapore on the morning of May 23, 2018, before the cabinet meeting started.
"A copy of the email from Senior Federal Counsel to Datuk Azian Mohd Aziz (Attorney-General's Chambers former international affairs division head) Intan Diyana bin Ahamad stating that the Singapore High Commissioner was informed of Dr Mahathir's views and intention not to proceed with both applications at 9am on May 23, 2018.
"A copy of the email from Alfian Yang Amri dated May 23, 2018, sent at 1.12pm to Dr Mahathir's media officer Sufi Yusnibin Md Yusoff, attaching the letter from the AGC to the Attorney General of Singapore, informing that Dr Mahathir intended to discontinue both applications."
Alfian is the AGC's border affairs, territorial and maritime section, international affairs division former head.
"The letter was delivered to the Singapore High Commissioner on May 23, 2018. Sufi was also asked to notify Dr Mahathir in case Singapore contacted him," the RCI said in a declassified report released today.
The RCI members concluded that the AG's letter does not state that the decision not to proceed with both applications was a cabinet decision, as claimed by Dr Mahathir.
It is also said Dr Mahathir did not dispute, deny, or correct the contents of the AG's letter to clarify that his letter dated May 21, 2018 was merely an opinion and not a decision or directive.
The commission said a letter from then-solicitor-general Datuk Engku Nor Faziah dated May 24, 2018 had said the AGC has taken steps to inform the Singapore government on Malaysia's position that both review and interpretation applications concerning the disputed areas should not be pursued.
In the letter, she had said this was previously informed to Dr Mahathir following his May 21, 2018 letter.
"For these reasons, the commission cannot accept Dr Mahathir's claim that the letter dated May 21, 2018, advising Malaysia not to proceed with the two applications, was merely his opinion.
"Instead, the letter constitutes a decision."
They said Dr Mahathir brought up the matter of not proceeding with both applications in the cabinet meeting on May 23, 2018, under "other matters."
Based on the cabinet meeting minutes, the cabinet took note of Dr Mahathir's views and reasons for not proceeding, citing that the Special Agreement with Singapore required both parties to accept the International Court of Justice's (ICJ) decision without appeal, and the new evidence presented was deemed insufficient to overturn the ruling.
"The Cabinet then decided: That the review and interpretation applications regarding the Sovereignty Over Pedra Branca/Pulau Batu Puteh, Middle Rocks/Batuan Tengah, and South Ledge/Tubir Selatan (Malaysia/Singapore) by Malaysia before the ICJ shall not be pursued."