How Dr M got it wrong on Batu Puteh

Dr Mahathir Mohamad at a press conference on June 12 about his decision to drop the case on sovereignty over Batu Puteh.

PETALING JAYA: Dr Mahathir Mohamad may have misconstrued legal advice when deciding to drop a case on Malaysia’s sovereignty over three disputed rocky islets off the Straits of Singapore, according to a new book by a former aide to Najib Razak.

The author, Romen Bose, wrote that documents made available to him showed that international consultant Brendan Plant felt that Mahathir had prejudged the matter and misconstrued his point about the lack of a “silver bullet” in the sovereignty case.

The case, brought to the International Court of Justice, was to resolve a dispute between Malaysia and Singapore on sovereignty over Pulau Batu Puteh (also known as Pedra Branca), Batuan Tengah (Middle Rocks) and Tubir Selatan (South Ledge).

The three uninhabited islets lie off the coast of Johor, at the eastern end of the Straits of Singapore.

A royal commission of inquiry is being held into why the government at the time decided to drop the Batu Puteh case, allowing Singapore to claim sovereignty over the islet.

Bose wrote that the documents showed that Plant was of the view that although Malaysia had unearthered new evidence to support a review, there was not one single piece of evidence that was a “silver bullet” .

However, Plant believed that Mahathir had misconstrued his “silver bullet” remark to mean the applications stood no chance of succeeding.

Bose said that Plant also felt that Mahathir had closed his mind to the possibility of proceeding with the applications.

“That was not the only thing Mahathir reportedly misconstrued.

“The prime minister also did not realise that there were two separate applications, one was the review of the judgment, while the other was the interpretation of the judgment’s conclusion on Tubir Selatan,” Bose wrote.

He said the lawyers had suggested that the issue of sovereignty over South Ledge was more likely to favour Malaysia.

shattered hopes romen bose

However, Bose said he could not determine the authenticity of the documents but urged Putrajaya to verify it.

Bose, a former political communications consultant to Najib Razak, said the misconstruction by Mahathir occurred as the latter did not seek the opinion or advice of senior officials from the Attorney-General’s Chambers or the foreign ministry.

“Mahathir’s unilateral actions have sealed off, forever any possibility of getting Batu Puteh back,” Bose wrote, adding that the country is still in a position to protect the sovereignty of Batuan Tengah and Tubir Selatan, and the seas adjacent to the three outcroppings.

On June 12, Mahathir told a press conference that he consulted several experts, including five senior lawyers from the UK, who took the view that Malaysia had a weak case.

He said Plant told him that Malaysia lacked the “silver bullet” needed to secure victory in the case.

Mahathir said Plant was present at a briefing attended by officers from the AGC and the foreign affairs ministry. Also present were two local lawyers appointed by then attorney-general Apandi Ali.

“During the briefing, we discussed (the case). At no time did anybody contradict the views of Plant that the case was weak and that we face a risk if we go ahead,” he told reporters when denying he had acted unilaterally in deciding not to proceed with an application to the ICJ.

In February 2017, Putrajaya filed an application to review the ICJ’s decision, handed down nine years earlier, to award Singapore sovereignty over Batu Puteh.

However, Pakatan Harapan formed a new government led by Mahathir after the general election of 2018 which withdrew the application before it came up for hearing in June of that year.

Bose’s new book, Shattered Hopes offers an insider’s perspective on the events that unfolded in the aftermath of the 2018 election, when Pakatan Harapan ended Barisan Nasional’s six decades in power.

The book goes on sale from June 30.