AG lodges police report against Sulu heirs' counsel over false claims

PETALING JAYA: A police report has been lodged against the Sulu heirs' counsel for making false claims against the Malaysian government and the Attorney General (AG).

The Attorney General's Chambers (AGC) said that Paul H. Cohen, counsel for the so-called Sulu heirs, sent a letter dated May 28, 2023, to the AG demanding payment before June 2 to settle the controversial "final award" by a French arbitration court.

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"The letter demanded immediate payment, before June 2, 2023, of the purported final award which amounts to US$16.412bil (RM75.13bil, including 10% interest) together with US$3,502,394.24 (RM16.02mil) in counsel and expert fees, and US$4,026,592.64 (RM18.4mil) in arbitration costs," the AGC said in a statement on Friday (June 2).

"The letter alleged, among others, that the Government purposely failed to comply with the purported final award and made outrageous assertions concerning the purported Spanish arbitrator Gonzalo Stampa and his actions.

"Amongst other inappropriate content, it mischaracterised Malaysia's legal positions and it inaccurately defamed the Government's conduct.

"The Government denies in full and without limitation the allegations and insinuations in the letter," read the statement.

The AGC added that Cohen's allegations were "obviously false and a clear blatant disregard for the inescapable true facts of the Claims which will create a false written record to be eventually used against Malaysia.

"Considering that the legal proceedings are still ongoing, it is totally outrageous for the claimants to demand the payment of the purported final award.

"We wish to put on record that the Government categorically opposes the final award and upholds its stance to not recognise all the actions taken by Stampa in the purported arbitration proceedings as well as all his illegal decisions and awards."

The AGC said they had responded to the letter on May 31 and lodged a police report on June 1 against Cohen for his "unfair statement and allegations made against the Attorney General".

"This would allow for the necessary investigation to be made of any possible criminal offences committed under the laws of Malaysia.

"The Government will continue to take all necessary actions, including legal actions, to put an end to the claims and to ensure that Malaysia's interests, sovereign immunity and sovereignty are protected at all times," read the statement.

On June 29, 2021, the High Court of Justice of Madrid (HCJM) annulled the judicial appointment of Stampa to act as an arbitrator.

In February 2023, the Spanish Constitutional Court threw out an appeal by the self-proclaimed heirs of the defunct Sulu Sultanate to reinstate Stampa as an arbitrator.

Stampa was the arbitrator for a 2019 case in the HCJM without Malaysia being involved in the case.

As a result of this decision, the HJCM retroactively invalidated Stampa's appointment and nullified all his actions as a purported arbitrator, including the alleged "preliminary award" he had rendered in Madrid.

Stampa then moved his seat of Arbitration to Paris in February 2022 where he made the "final award" of US$14.92bil (with 10% interest to accrue) against Malaysia.

Malaysia is continuing to fight Stampa's arbitration ruling in Paris and legal attempts to seek Malaysian properties in some European countries.