RCI calls for police report against Mahathir over Batu Puteh dispute, citing alleged cheating

KUALA LUMPUR, MALAYSIA: The Royal Commission of Inquiry (RCI) on Batu Puteh (Pedra Branca), Middle Rocks, and South Ledge has recommended that former Prime Minister Dr Mahathir Mohamad be investigated for alleged cheating, with a police report to be filed against him.

The RCI’s declassified findings were released on the Parliament website on 5 December 2024, though several recommendations were redacted.

One of the unredacted recommendations was for the RCI’s secretary to file a police report against Mahathir, allowing for a criminal investigation.

According to the report, a criminal investigation could be initiated under Section 415(b) of the Penal Code for cheating, which is punishable under Section 417 and Section 418 of the same code.

The RCI stated that Mahathir had unilaterally decided to halt the review process without Cabinet approval, only briefing them on the reasons for his decision.

The commission argued that had the Cabinet been provided with documents and written opinions from international consultants, they may have formed a different view on the review effort. This action, according to the RCI, led to unnecessary losses for the government.

The report also recommended that the RCI secretary file a police report to initiate a criminal investigation.

In his prior denial, Mahathir claimed that the decision to withdraw Malaysia’s review application was made after extensive discussions, with international consultant Brendan Plant being one of those consulted.

However, the RCI included testimony from Plant, who stated that Malaysia had a “strong case” to bring before the International Court of Justice (ICJ).

Plant argued, “We believe there is a good chance that the court (ICJ) might be persuaded to clarify what they had meant earlier in their interpretation of the case. While this is an unusual matter, it has rarely succeeded before or after, we believe that in this specific instance, there is a credible argument, a legitimate claim, and a chance of success.”

Plant further stated that he did not consider withdrawing the application to be “a far better option.”

The RCI report did not recommend filing a civil suit for misfeasance in public office against Mahathir, citing the six-year limitation period for such actions.

Additionally, the commission did not recommend that Malaysia file a fresh request for interpretation with the ICJ, although it acknowledged that the country could do so.

The classified final report was submitted to Yang di-Pertuan Agong Sultan Ibrahim by RCI Chairman Raus Sharif at Istana Negara on 12 August.

In January 2024, the Malaysian Cabinet, under Prime Minister Anwar Ibrahim, agreed to establish the RCI to investigate Mahathir’s decision concerning the sovereignty dispute with Singapore.

The prolong dispute over Pedra Branca between Singapore and Malaysia

Situated approximately 40 kilometers off eastern Singapore, Malaysia asserted its claim over Pedra Branca in 1979 by publishing a map outlining its territorial waters and continental shelf boundaries.

In response, Singapore protested in 1980 and subsequently took the matter to the International Court of Justice (ICJ) in 2003.

In 2008, the ICJ ruled that Batu Puteh belonged to Singapore, Middle Rocks to Malaysia, and South Ledge to the state within whose territorial waters it is located.

In 2017, Malaysia requested an interpretation of the ICJ’s judgment.

Since August 2017, Middle Rocks has hosted the Abu Bakar Maritime Base, established by Malaysia to safeguard its sovereign territory and waters, as well as to conduct marine scientific research.

In 2018, the administration under Dr Mahathir Mohamad withdrew an application to overturn the ICJ ruling that awarded legal jurisdiction of Batu Puteh to Singapore.

In July 2021, Singapore’s Ministry of National Development announced plans for a 7-hectare land reclamation project at Pedra Branca by the end of 2021.

The project aims to improve existing facilities, provide berthing for vessels, and offer additional logistics, administrative support, and communications facilities in the area.

Last year, a special task force set up to review the case found that Mahathir may have made an error in withdrawing the application.

On 27 January of this year, Attorney General Tan Sri Idrus Harun revealed that the Unity Government Cabinet viewed the decision to withdraw the application as “not in order” and “improper.”

In February 2023, Malaysia’s Deputy Foreign Minister, Datuk Mohamad Alamin, informed Parliament that Singapore had agreed to temporarily halt its planning and land reclamation activities at Batu Puteh, following Malaysia’s verbal and written objections.

This suspension was to remain in place until both countries had finalized the maritime boundaries in the waters.

During the Leaders’ Retreat on 30 October 2023, Prime Minister Anwar and Singapore’s then Prime Minister Lee Hsien Loong discussed outstanding bilateral issues, including maritime delimitation, reclamation at Pedra Branca, water, and airspace.

Both leaders reaffirmed their commitment to resolving these matters constructively within the broader context of their overall relationship, stressing that these issues should not negatively affect their positive cooperation.