KUALA LUMPUR – An individual has filed a suit against the prime minister and government seeking a written explanation on the withdrawal of a review application over the International Court of Justice’s (ICJ) decision that Singapore has sovereignty over Pulau Batu Puteh.
In 2018, the Pakatan Harapan government led by Tun Dr Mahathir Mohamad withdrew an application to overturn ICJ’s ruling awarding legal jurisdiction of Pulau Batu Puteh to Singapore before the case was scheduled to be heard on June 11, 2018.
The suit was filed by Mohd Hatta Sanuri, 45, as the plaintiff on May 28 at the high court here through Messrs Mohaji, Hazury & Ismail, naming the prime minister and government as the first and second defendants, respectively.
Hatta filed the suit on behalf of himself and the more than 32 million Malaysians affected by the withdrawal of the review application without first discussing and tabling it in Parliament.
In his statement of claim, Hatta is seeking an order for the defendants to provide a written explanation as to why they withdrew the review of the ICJ decision on June 1, 2018, when a review application with strong evidence had been initiated and filed since February 3, 2017.
He is also seeking a declaration that the defendants were negligent, and committed treason, fraud and breach of trust against all Malaysians, including himself, when they dropped the review bid.
Additionally, he is seeking a declaration for the two defendants to pay compensation to each Malaysian based on the land value of Pulau Batu Puteh, and based on the economic losses suffered by all Malaysians, including the plaintiff, equally, amounting to at least RM10 million each.
An order is also sought for both defendants to disclose in detail the total costs incurred by the second defendant, namely the government, from the preparation of the ICJ decision on the review application on February 3, 2017 until the defendants abruptly withdrew the application on June 1, 2018.
Hatta said fraud was committed and facts concealed by the second defendant regarding the decision to withdraw from the trial at ICJ, which had been set for two weeks starting June 11, 2018.
He said the reasons for the withdrawal are unclear until now, adding that both defendants did not provide any explanation despite new evidence in favour of Malaysia in its claim over Pulau Batu Puteh.
The matter was set for case management today before deputy registrar Nor Afidah Idris, who fixed September 23 to hear the defendants’ application for a time extension to file a statement of defence. – Bernama, September 13, 2021