RCI on Batu Puteh Calls for Criminal Probe Against Dr. Mahathir for Surrendering Sovereignty

KUALA LUMPUR, Dec 7 — The Royal Commission of Inquiry (RCI) into the Batu Puteh dispute has recommended a criminal investigation into former Prime Minister Tun Dr. Mahathir Mohamad for his role in Malaysia’s loss of the island. The RCI found that his decision to halt the revision application at the International Court of Justice (ICJ) was "untenable" and led to the permanent loss of Batu Puteh with no chance for appeal.

The report, released this week, states that Malaysia had a strong case that was "not very weak," as Dr. Mahathir had claimed. The RCI concluded that his actions misled the government and deprived Malaysia of an opportunity to contest the ICJ ruling.

Dr. Mahathir had argued that Malaysia’s case was weak and that a special agreement with Singapore prevented further action. However, the RCI disagreed, pointing out that the revision process did not breach the agreement and could have changed the outcome if pursued.

Key to the RCI's findings was Dr. Mahathir’s communication to the solicitor general in May 2018, instructing the withdrawal of both the revision and interpretation applications. This move was made before Cabinet approval and without the proper legal advice or briefing, the RCI noted. Dr. Mahathir's personal opinion, conveyed as a decision, was found to be a critical factor in Malaysia’s surrender of Batu Puteh.

The commission has now called for a police report to investigate potential deception by Dr. Mahathir in handling the case, a move that has raised serious legal and political questions regarding Malaysia’s loss of the island.