(Bloomberg) -- A Malaysian royal commission of inquiry has recommended that a police report be lodged against former Prime Minister Mahathir Mohamad for his handling of a sovereignty dispute with Singapore over an island, according to a report made available on the parliament website.
A criminal investigation should be held against the former leader, 99, for possible crimes of cheating under the Penal Code, according to the report that was declassified Thursday.
In 2008, the International Court of Justice ruled that Singapore had sovereignty over the island Malaysia refers to as Batu Puteh. Malaysia filed an application for a revision of the judgment in February 2017, and a request for interpretation on June 30 that same year, according to the report.
The RCI found that Mahathir, upon becoming prime minister for the second time, decided to drop the applications in a letter to Malaysia’s solicitor general in May 2018, and informed the cabinet only two days later.
“The decision not to proceed with both applications has caused Malaysia to lose its sovereign rights of Batu Puteh permanently,” the RCI said. “The commission finds that the cabinet’s decision on May 23 not to pursue both applications were only confirming the views and opinions of Mahathir as prime minister.”
Mahathir has long disputed this. In a press conference in June, he said the letter only contained his opinion on the matter, and that he hadn’t made a decision yet. “So the matter was brought by me to the cabinet and I explained everything,” he said. “The cabinet did not oppose, did not reject the idea that we should not go ahead with our move. So that was the final decision, the decision was made by the cabinet, not by me alone,” he said.
The commission’s report adds to Mahathir’s troubles since his longtime rival Anwar Ibrahim became prime minister in 2022. Mahathir is already the subject of an investigation over matters related to asset declaration, with his sons given notice to declare their wealth. Mahathir has denied all wrongdoing, while Anwar has said he does not interfere in investigations.
Mahathir had said he decided to withdraw the applications because the government agreed from the onset not to appeal the judgment. But the RCI said Malaysia’s requests for revision and interpretation of the judgment didn’t constitute an appeal. Mahathir’s view that Malaysia had a weak case was also his personal opinion, the RCI said.
“Based on witness testimonies before the commission, there were no legal views, whether from international or local negotiators appointed by the government, that shared the same opinion,” said the RCI in the report. “In fact, there was no legal view from the Attorney-General’s Chambers that Malaysia’s case in both applications were very weak,” it added.
“The commission is of the view that Malaysia has an arguable case, and not a very weak one as said by Mahathir. Hence, the move to not continue with the case at the last second is deeply regretted,” it said.
The outcrop, also known as Pedra Branca in Singapore, is 7.7 nautical miles from the Malaysian state of Johor and 24 miles east of the city-state. Almost 900 ships pass the island each day, Singapore’s Ministry of Foreign Affairs said on its website.
The royal commission’s report was presented to Malaysia’s King Ibrahim Iskandar on August 12.
(Updates with details throughout)
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