KUALA LUMPUR, Dec 5 — A police report should be filed against former two-time prime minister Tun Dr Mahathir Mohamad for alleged cheating, paving the way for legal action to be taken, a five-man royal panel tasked to investigate the circumstances leading to Malaysia’s loss of sovereignty over Pulau Batu Puteh to Singapore in 2008 has recommended.
This recommendation follows the release of the 238-page declassified report put together by the Pulau Batu Puteh Royal Commission of Inquiry (RCI) on the official Parliament website today.
“A criminal investigation can be initiated against Tun Dr Mahathir for offences under Section 415(b) of the Penal Code and punishable under Section 417 of the same Code, as well as under Section 418 of the same Code.
“Therefore, it is suggested that a police report be lodged by the Commission Secretary to enable this investigation to commence,” the RCI report said.
The Pulau Batu Puteh RCI did not recommend filing a civil suit against the 99-year-old Dr Mahathir for misfeasance in public office due to the six-year limitation period for such actions.
It also declined to suggest that Malaysia submit a fresh request for interpretation to the International Court of Justice (ICJ), despite the option being available.
The RCI’s final classified report was handed over to Yang di-Pertuan Agong Sultan Ibrahim by its chairman, Tun Md Raus Sharif, on August 12 at Istana Negara.
The report stressed that the loss of sovereignty over Batu Puteh, as decided by the ICJ on May 23, 2008, should serve as a cautionary tale.
“It is also a lesson that a simple letter of inquiry from an external party, along with the written response provided, can at any time be used as evidence by outside parties to claim rights and sovereignty over the nation’s territory,” the RCI noted.
It also warned against careless and uninformed statements, emphasising that decisions involving national sovereignty must be made with care and in accordance with the law.
Deputy Works Minister Datuk Seri Ahmad Maslan announced the release of the declassified papers on his X account today, adding that the RCI report has been placed on the tables of MPs in the Dewan Rakyat this morning.
The Pulau Batu Puteh RCI members comprised former chief justice Tun Md Raus Sharif as chairman, historian Tan Sri Ismail Hussein, retired Court of Appeal judge Datuk Seri Gopal Sri Ram, law professor Datuk Nik Ahmad Kamal Nik Mahmood, and Datuk D. Ramarajan who was a senior officer in the Malaysian civil service.
