Malaysia inquiry proposes criminal probe against ex-PM Mahathir over Pedra Branca

KUALA LUMPUR: A Malaysian royal commission of inquiry has proposed a criminal probe against former Prime Minister Mahathir Mohamad over a decision to drop claims over two islets in the Singapore Strait, a report presented in parliament showed on Thursday (Dec 5).

Current Prime Minister Anwar Ibrahim had previously called for a review of a 2018 government decision, made when Mahathir was in office, that saw Malaysia drop its application challenging a 2008 International Court of Justice (ICJ) ruling that Singapore had sovereignty over the Pedra Branca islet.

In 2017, Malaysia had sought to have the ruling overturned, and requested clarification from the ICJ on the status of another islet, South Ledge, according to the declassified RCI report.

Both applications were withdrawn a year later, when Mahathir was serving his second term as prime minister.

The report, which was redacted in parts, recommended that 99-year-old Mahathir be investigated for cheating and wrongful losses over the dropped claims, citing his responsibilities as prime minister to protect and defend Malaysia's interests and sovereignty.

Mahathir's office did not immediately respond to a request for comment.

Under the penal code, the offences carry prison terms of up to seven years, a fine, or both, if convicted.

The report, which was sighted by Reuters, also recommended that Mahathir face civil action over the case.

In 2008, the International Court of Justice (ICJ) ruled that Pedra Branca belongs to Singapore while Middle Rocks belongs to Malaysia. It also ruled that South Ledge belongs to the state in the territorial waters of which it is located.

Malaysia in January launched a royal commission of inquiry to study the handling of cases involving the islets in the Singapore Strait as well as Middle Rocks.

Singapore's Ministry of Foreign Affairs (MFA) said in January that the royal commission of inquiry is "an internal matter of Malaysia".

"We do not see this affecting the good bilateral relations between Singapore and Malaysia," a MFA spokesperson added.

Previously, MFA had said that the country stood ready to "robustly defend" its sovereignty over Pedra Branca.

"After the Court's decision, both Singapore and Malaysia publicly announced that they will accept and abide by the Court's decision which is final," it said in 2022.

"In 2017, Malaysia instituted an application for revision and a request for interpretation of the Court's 2008 decision, which were subsequently withdrawn by Malaysia in 2018.

"Under the Statute of the Court, an application for revision cannot be made after the expiry of 10 years from the date of the Court's 2008 judgment, that is, May 2018."