KUALA LUMPUR: The prime minister, who made a decision "in secret", is responsible for Malaysia's loss in the Batu Puteh case, claimed Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister's Department (Law and Institutional Reform) today told the Senate that the prime minister at the time had made a decision on his own, without even consulting the attorney-general who was then on leave.
She, however, did not mention which prime minister it was, and clarified that she was not the minister in charge of law during that period.
"The attorney-general at the time was on garden leave — forced leave — for four days. No one knows (about the decision) and it was made in secret, causing us to lose Batu Puteh in the international appeal process.
"At the time, not one person made a fuss even though it involved our sovereignty.
"The matter is being investigated by a special team, he has been summoned but he did not turn up, and the matter now is under the Royal Commission of Inquiry (RCI).
"If he is summoned and he does not show up, he can be detained."
She said this in her winding up speech during the second reading of the Jurisdictional Immunities of Foreign States Bill in Dewan Negara today.
Azalina said such a thing would not have happened if she was the minister in charge.
It was reported that the cabinet had agreed to establish the RCI to look into the issues in the handling of the territorial case involving Batu Puteh, Middle Rocks and the South Ledge.
The then Prime Minister Datuk Seri Ismail Sabri Yaakob had said that there was possible negligence and oversight on Tun Dr Mahathir Mohamad's part when he was the prime minister, over the Batu Puteh issue.
The then cabinet under the previous administration was informed by the special task force for the case that Dr Mahathir might have made a mistake in withdrawing an application to review the International Court of Justice (ICJ) award of Batu Puteh's sovereignty to Singapore.
Dr Mahathir, however, said the move not to appeal was based on former attorney-general Tan Sri Mohamed Apandi Ali's officers' advice.
In 2008, the ICJ decided that Batu Puteh belonged to Singapore, Middle Rocks to Malaysia and South Ledge to the island state in the territorial waters in which it is located.
In June 2017, Malaysia applied to the ICJ to request an interpretation of the judgment.
In 2018, the Pakatan Harapan government, under the leadership of Dr Mahathir, withdrew an application to overturn the ICJ's ruling awarding legal jurisdiction of Batu Puteh to Singapore.
Meanwhile, Azalina said all parties must allow the RCI to conduct its duties.
Earlier, several senators during the debate had voiced their concerns over Clauses 32 and 33 in the Jurisdictional Immunities of Foreign States Bill.
The clauses touch on the powers of the prime minister to exempt foreign countries from specific provisions of the act, and to enact regulations considered necessary to fully enforce or enhance the provisions of the act.
"In the act, any decision by the prime minister under Clause 32 must be gazetted and publicised.
"He cannot make any decision by himself in secret," she added.
