On Dec 5, the Malaysian Royal Commission of Inquiry (RCI) proposed a criminal probe against Mahathir Mohamad over his decision to drop claims over two islets in the Singapore Strait – Pedra Branca and South Ledge – when he served his second term as prime minister.
The RCI is a fact-finding body convened by the king on the advice of the Cabinet. It looks into matters of “considerable public importance” and controversy. These include the conduct of government officers, public service departments or any issue concerning public welfare.
Prime Minister Anwar Ibrahim in January had called for a review of the 2018 government decision when Mahathir was in office that saw Malaysia drop its application challenging a 2008 ICJ ruling that Singapore had sovereignty over the Pedra Branca islet.
In 2017, Malaysia had sought to have the ruling overturned, while also seeking clarification from the ICJ on the status of another islet, South Ledge.
The dispute over Pedra Branca dates back to 1979, when Malaysia published a map indicating that the island was within the country’s territorial waters. Pedra Branca is located near the eastern entrance of the Singapore Strait, about 44km east of mainland Singapore.
In 2008, the 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.
In its report earlier this month, the RCI recommended 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.
Responding to the report, Mahathir said that the decision was not made unilaterally. He said it was a collective Cabinet decision in 2018 which also involved former deputy prime minister and Anwar’s wife Wan Azizah Wan Ismail, Democratic Action Party leader Anthony Loke and Amanah president Mohamad Sabu.
Loke is Malaysia’s current transport minister while Mohamad Sabu is minister of agriculture and food security in Anwar’s unity government.
The trio however claimed that they were not consulted on the decision, and Malaysia’s withdrawal of the application was communicated to Singapore on the morning of May 23, 2018, even before the first Cabinet meeting was held.
Mahathir previously regarded the recommendation for a criminal probe into him to be a politically motivated move intended to tarnish his reputation.
