FIVE researchers from the Attorney-General’s Chambers are currently in London, sifting through 30,000 declassified British documents on the Far East, as Malaysia attempts to find more evidence to strengthen its claim on Pulau Batu Puteh.

The documents were declassified by the British government in 2013, five years after the International Court of Justice (ICJ) ruled that Singapore had sovereignty over Pulau Batu Puteh, known as Pedra Branca to Singaporeans, about 7.7 nautical miles from Pantai Tanjung Penyusuh, Johor.

The ICJ also ruled that sovereignty over Middle Rocks belonged to Malaysia and sovereignty over South Ledge belonged to the state in the territorial waters of which it is located.

Malaysia filed an application on February 2, asking the court to revise its judgment, following the declassification of the British documents.

Attorney-General Mohamed Apandi Ali told The Malaysian Insight that the appeal process started when he took office in 2015.

“The British declassified the documents in 2013, five years after the ICJ ruling. I realised there maybe some documents which could be relevant to our claim,” Apandi said.

Apandi initially sent two researchers from the A-GC to do some digging at the British National Archives in London in July 2016.

The documents were on the Far East, anything to do with India, Malaya, Singapore and the other British colonies in the region.

“People then asked me why I was only reacting in 2016 when the documents were declassified in 2013? It was because I was busy getting my position stabilised (in the A-GC).

“So, I sent my two researchers and they did their work. By August 3, they discovered the first three documents which are in our favour and could overturn the earlier decision.”

Apandi said the ICJ decision in 2008 was based on one single piece of evidence – a letter from the acting deputy state secretary of Johor, who wrote to the British government saying that Johor was not claiming the area.

“I don’t know for what reason that deputy state secretary said Johor was not making any claim, whereas historically, that island has always been part of Johor.

“That letter was dated 1953, the subsequent correspondence we found rebuts the earlier letter, and this is also addressed to the British government.

“The new correspondence is a confidential telegram sent in 1958 by the governor of Singapore to the British secretary of state for the colonies.

“The contents indicated that Johor is part of Malaysia, not directly, because it is very technical. It described the position of the international waters passing only one mile from Pedra Branca.

“That explanation in the confidential telegram narrows it down to the fact that Pedra Branca belongs to Johor.”

Apandi feels there is more to be unearthed at the British National Archives and last week, reinforced the number of researchers there to five. 

But why is it so important to win this case?

“No. 1, it is part of Johor, and Johor is part of Malaysia, so we have to get our land, our sovereignty. Besides that, any island of that nature and position is militarily strategic, and on that island there is a lighthouse built by the British.

“Historically and geographically, Pulau Batu Puteh is just 7km from Johor, and it is 24km from the island of Singapore, so if you talk in terms of proximity, it is actually ours.”

Apandi said Singapore, too, has sent a team to researchers to London to check the declassified documents, adding that this case could be a long drawn-out affair.

Malaysia has appointed an ad hoc judge to sit on the 24-man bench, judge Christopher John Robert Dugard (pic) from South Africa. He was one of the judges who was in favour of Malaysia when the case was decided in 2008.

Apandi is considering adding a Swiss counsel and several QCs (queen’s counsels) on his team.

The attorney-general was quick to add that this case was his personal quest to regain Malaysia’s sovereignty over Pulau Batu Puteh.

“After the ICJ decision, everyone thought this was a lost cause. This will be historic, it will be my legacy.” – April 4, 2017.