PETALING JAYA: Tun Dr Mahathir Mohamad must explain why he unilaterally withdrew Malaysia’s bid to overturn the International Court of Justice’s (ICJ) 2008 ruling on Batu Puteh, says former attorney-general Tan Sri Apandi Ali.
In a Facebook post on Friday, Apandi said the decision was made in May 2018, just two weeks before the case review was set to be heard at the ICJ in The Hague.
“At that time, the Cabinet did not exist, and the withdrawal of the claim was made without consulting anyone or any Cabinet decision.
“This involves the sovereignty of the government, and the rakyat of Malaysia deserves an explanation,” wrote Apandi, who posed four questions in an ongoing feud between him and Dr Mahathir.
He also asked Dr Mahathir to explain why Tan Sri Tommy Thomas – who was the AG during Dr Mahathir’s second premiership – was ordered to write a letter to the Sulu Sultanate claimants in 2019.
“The letter, dated Sept 19, 2019, then became the basis of the Sulu heirs’ claim in Spain, which was enforced in France,” said Apandi.
Thomas’ letter allegedly expressed the willingness of the Malaysian government to pay the arrears of RM48,000 in cession payments – and this was used by the lawyers for the Sulu heirs to make their case for Malaysia’s recognition of the claimants.
Malaysia stopped its payments in 2013 after a group of armed militants from the southern Philippines landed in Lahad Datu, Sabah, on Feb 11 that year in what is now known as the 2013 Lahad Datu standoff or incursion.
Apandi also asked why the government had reached a settlement in his suit over his “unlawful sacking” in 2018.
“This is an acknowledgement that Dr Mahathir’s actions were arbitrary and are procedurally and legally wrong,” said Apandi, whose service as AG was terminated shortly after Dr Mahathir became prime minister following the 2018 General Election.
Spats between Dr Mahathir and Apandi have been going on in the past few weeks, with both issuing statements questioning each other on issues related to Batu Puteh, the Sulu claim and 1Malaysia Development Bhd (1MDB).
