THERE seems to be no end to the drama-comedy on the lost island of Pulau Batu Puteh.
While the report on the island off the coast of Johor is yet to be finalised by the task force headed by the former attorney-general Tan Sri Mohamed Apandi Ali, there are already talks from Johor UMNO leaders about taking legal action against those responsible for the loss of the island in 2008.
In 2008, the International Court of Justice (ICJ) recognised the sovereignty of Singapore over the island.
Subsequently, Malaysia filed an appeal but was withdrawn by the then Pakatan Harapan (PH) government under former prime minister Tun Dr Mahathir Mohamad citing reasons of cost and the prospect of not winning the case as advised by experts.
The Sultan of Johor has been upset over the loss of the island to Singapore. His Majesty has already received the interim report from the task force on the island.
Meanwhile, the fact that Mahathir had walked out about 15 minutes into the interview with the special task force reviewing the case has upset some UMNO leaders.
Former prime minister Datuk Seri Najib Razak said that Mahathir should have been a “jantan” to appear before the committee chaired by none other than Apandi.
It was Mahathir who fired Apandi after he became the prime minister in 2018, and why he should appear in front of the person he sacked seems puzzling.
The task force has no legal standing nor it has any enforcement powers.
It was instituted among others not to delve deep into why Malaysia lost the island. Rather, it is a political mechanism to shift the blame to the short-lived PH government in general and Mahathir in particular.
As I have earlier said, Mahathir did the right thing by walking out of the hearing – there was no reason why he should appear before the panel to condemn himself.
UMNO might be serious contender in the coming GE15, but it lacks the backbone to reinvent itself amid allegations of corruption and financial misdeeds in the party.
Some of its senior leaders might be jailed in the future.
UMNO leaders in Johor – particularly the newly minted Menteri Besar Datuk Onn Hafiz Ghazi and Johor state assembly Speaker Puad Zarkashi are crying for blood over the loss of Pulau Batu Puteh.
While Onn Hafiz threatened legal action against those responsible for the loss of the island, Puad has said that he would sue Mahathir for the loss of the island.
But unfortunately, the Johor UMNO leaders are simply trying to be heroes in the anticipation of the next general election (GE15).
Maybe it is about time they did some research as to who was responsible for the loss of the island to Singapore in 2008.
Since the application to the ICJ was a joint one, Malaysia had no choice but to accept the verdict.
Though Malaysia had appealed against the verdict, there was a slight chance it would succeed.
Right or wrong, Mahathir might have withdrawn the appeal as advised without anticipating the political consequences.
Politically, the decision should have been left to the good office of the ICJ.
Since the Johor UMNO leaders are forming a line to take legal action against those responsible for the loss of the island, maybe they should explain why in September 1953, the Johor state secretary in a letter to the British colonial secretariat in Singapore withdrew Johor’s claim over the island of Pulau Batu Puteh.
It would make sense for gung-ho UMNO leaders like Onn Hafiz and Puad to re-examine the state’s history in relation to the controversial rock island of Pulau Batu Puteh.
If the concept of terra nullis (notion of non-inhabitation) could not even be refuted in the legal arguments before the ICJ, I wonder about the seriousness of the Malaysian legal team.
UMNO leaders in Johor must be careful in their euphoria of initiating legal action as they might inadvertently condemn the very state government they are representing. – July 1, 2022
Prof Ramasamy Palanisamy is the state assemblyperson for Perai. He is also deputy chief minister II of Penang.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Main photo credit: Utusan
