MALAYSIA is concerned over frivolous and vexatious attempts by any parties employing various tactics to undermine and disrupt ongoing criminal proceedings against Spanish arbitrator Gonzalo Stampa.
Law and Institutional Reform Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said said a motion filed on December 4 was nothing more than an attempt to subvert the rule of law.
“These baseless and desperate moves before the criminal trial of Stampa, to exert pressure on the government of Malaysia, Spanish courts and public prosecutor should be viewed as an additional fraudulent procedural activity.
“The apparent sole purpose is to interfere and deflect from the ongoing criminal proceedings in Spain against Stampa,” she said in a statement today.
She said Stampa was accused of the suspected criminal offences of serious contempt of court and unqualified practice of a profession.
He will reportedly face charges in the Madrid Court tomorrow.
Azalina said the federal government has the utmost respect for the Spanish courts and their rulings and categorically refutes any media reports that suggest otherwise.
“Throughout this case, Malaysia has acted to preserve its rights as a sovereign state in response to consistent egregious activity from the Filipino citizens and their legal representatives.
“The federal government has the utmost confidence in the Spanish judicial system in delivering justice to the 32 million Malaysians,” she said.
Azalina said the courts of Spain, France and The Netherlands have already confirmed Malaysia’s overall position concerning the Sulu case and on the purported final award issued by Stampa on February 28 last year, which ordered Malaysia to pay US$14.9 billion (RM69.5 billion).
The Spanish High Court declared the annulment of Stampa’s appointment as arbitrator and ordered him to put an end to the proceedings because his only title to act as arbitrator was null.
Stampa, who collected more than US$2.5 million from the alleged Sulu heirs financed by a litigation funder, Therium, knowingly refused to comply with those orders.
In turn, the courts in France and The Netherlands declared in June that Malaysia never submitted to arbitration and therefore the sham arbitration should have never taken place.
Azalina said the attempts of the Filipino citizens to enforce the purported arbitral awards issued by Stampa in both France and The Netherlands have also been unsuccessful to date, as a result of the decisions by the courts of these countries.
“These court rulings confirm that, since their very inception, the Sulu fraud and the purported arbitration have been nothing more than a well-fabricated but completely flawed and baseless extortion attempt on the people of Malaysia,” she said.
“The government shall ensure that the sovereignty, security and interest of Malaysia are protected and upheld at all times,” she added. – Bernama, December 10, 2023
