'War room', special secretariat formed to address Sulu claims, says Azalina

KUALA LUMPUR: A special secretariat has been formed to address claims by the self-proclaimed Sulu heirs, says Datuk Seri Azalina Othman Said.

The Minister in the Prime Minister’s Department (Law and Institutional Reform) said that the formation of the special secretariat was agreed to by the Cabinet on Feb 17 and it would serve as a focal point for addressing claims by the so-called Sulu heirs.

“It is also to ensure a more organised and systematic discussion and streamlining of tasks that involve all relevant parties,” said Azalina in Parliament on Tuesday (Feb 21).

Azalina also said the special secretariat would be aided by a “war room” to ensure that every decision was monitored and fully supported.

“The main goal of this ‘war room’ is to provide service support to the special secretariat, as well as monitoring legal proceedings, international media statements, as well as global strategies in addressing claims by the Sulu heirs,” said Azalina.

The special secretariat would be chaired by Azalina and another yet-to-be-appointed deputy chairman who would be a solicitor.

“It will also consist of the Foreign Ministry, the Digital and Communications Ministry, the National Security Council, the Research Department, the Prime Minister’s Department, the Sabah Attorney General, and local legal experts,” said Azalina.

Azalina said a special briefing to all MPs on the claims by the so-called Sulu heirs would be made in Parliament next week.

“A detailed briefing will be given and hopefully questions will be raised in the meeting next week,” she added.

Meanwhile, Azalina, who spoke about the background of the issue, said that even though the Spanish courts had ruled in favour of Malaysia, the purported “heirs” of the Sulu Sultan still filed arbitration proceedings in France to obtain a final award.

“Therefore, Malaysia has taken legal action through the French Courts to defend Malaysia’s position in challenging claims that were filed in France,” said Azalina.

The French courts have since stayed the enforcement of the purported US$14.92bil final award, pending the outcome of Malaysia’s action to set it aside.

However, Azalina noted that the bailiff had applied for various enforcement actions against Malaysia at the Luxembourg and Dutch court.

“This matter will not end until there’s an absolute strategy and action taken by the government.

The claims made have disrupted the interests of our foreign assets. On this matter, the government will not compromise with any claim made,” said Azalina.

Azalina also said Malaysia has appointed the Uría Menéndez law firm in Spain, the Bredin Prat firm in France, the Arendt & Medernach SA in Luxembourg and the De Brauw Blackstone Westbroek in the Netherlands to address legal proceedings.

“Slaughter & May in the United States and Allen & Gledhill in Singapore will act as law firms to advise and handle the case to challenge the enforcement of the Final Award as preliminary preparations for any claims made by the bailiffs in the said countries,” added Azalina.

Azalina described the case as an unusual case involving national sovereignty and non-arbitrable proceedings.

“The awards have also gone against the international public policy principles and it involved Malaysia’s diplomatic immunity and jurisdictional immunity and sovereignty,” she said.

“Malaysia will not compromise on any aspects of sovereignty and security, which includes protecting national assets from any foreign threats,” added Azalina.

On Feb 17, PETRONAS said in a statement that claims by the purported Sulu heirs on two of its subsidiaries in Luxembourg were baseless and it would continue to defend its position in the legal aspect.

Recently, it was reported that the Luxembourg Court’s bailiffs issued a new seizure order on two PETRONAS’ assets.

However, Azalina said on Jan 27 that Luxembourg Court lifted the attachment order that was based on the purported final award and a preliminary award issued by arbitrator Gonzalo Stampa on Feb 28 and May 25 last year.

The attachment order was in regard to the asset seizure of two PETRONAS companies.