PETALING JAYA: It was unreasonable for former Attorney-General Tan Sri Mohamed Apandi Ali to exclude several Attorney-General’s Chambers (AGC) officers and related government agencies from the team responsible for Malaysia’s application to review and interpret the decision over the International Court of Justice’s (ICJ) ruling on the Batu Puteh, Middle Rocks and South Ledge, according to the Royal Commission of Inquiry (RCI) report.
The report revealed that neither the National Security Council, National Hydrography Centre, Foreign Ministry, Johor state government or officers from the AGC’s international affairs division were part of the team.
It also revealed that the Foreign Ministry’s involvement was only limited through the appointment of Malaysia’s Ambassador to the Hague, Netherlands, who was appointed Malaysian co-agent.
“Tan Sri Apandi, in his statement, said his decision to exclude various agencies in both applications was to preserve confidentiality.
“The commission finds that in such crucial matters involving the nation’s sovereignty, interagency engagements must be held to obtain the views of all parties.
“The commission is of the view that Tan Sri Apandi’s actions to exclude officers from the AGC and other related agencies are unreasonable and should not be a precedent,” according to the RCI report tabled in Parliament yesterday.
The report also said AGC officers like Datuk Almalena Sharmila Johan and Dr Suraya Harun were not part of the team despite the duo’s involvement during the ICJ trial in 2008.
It added that they were still attached to the AGC during the applications and should have been part of the team.
It was also noted that Dr Suraya is competent in maritime laws from an international context and well-versed in the case of Batu Puteh, Middle Rocks, and South Ledge, which was first filed in 2003.
According to the report, Mohamed Apandi led the initiative in filing the application to review and later interpret the ICJ’s decision after receiving the mandate from the then Prime Minister Datuk Seri Najib Razak on Jan 31, 2016.
The task force, led by Mohamed Apandi, comprised two local consultants, Datuk Abu Bakar As-Sidek Mohd Sidek and Datuk Firoz Hussein Ahmad Jamaluddin; five international consultants comprising Prof Malcolm Shaw, Sir Daniel Lincoln Bethlehem, Dr Brendan Plant, Prof Laurence Boisson and Coalther Lathrop; three research officers from the AGC, Norliyana Abdul Manaf, Hafizah Hamdzah and Mohd Shahrysham Kamran; and Malaysia’s Ambassador to the Hague, Netherlands Datuk Ahmad Nazri Yusuf.
The commission said no other AGC officers were directly involved in either application or had in-depth knowledge of its legal merits besides the three research officers.
The report also recommended that matters about national sovereignty, especially territories, be handled collectively and involve relevant agencies.
“The commission also proposes for the National Security Council to be fully responsible over issues on the country’s sovereignty while also preparing orders and guidelines to be adhered to on the matter,” it said.
