MALAYSIA can still apply to the International Court of Justice to interpret its 2008 judgment on the sovereignty of Pulau Batu Puteh disputed by Malaysia and Singapore, said former attorney-general Mohamed Apandi Ali.

“We still have a case,” he told The Malaysian Insight after the government announced the formation of a special task force to propose suitable options regarding Pulau Batu Puteh, known as Pedra Branca in Singapore.

“I have a team of legal experts who have advised us to file for an interpretation of the 2008 decision,” the 71-year-old said.

Apandi, who had filed for a review of ICJ’s decision in 2017, said Malaysia still has good grounds for seeking an interpretation of the decision.

“However, I can’t say too much now as I have yet to formalise the team of experts as it was just announced yesterday.

“So give us a bit of time to look into the details,” said Apandi, a former Court of Appeal and Federal Court judge.

On another note, Apandi said the committee will also look at “negligence” on the part of former prime minister Dr Mahathir Mohamad.

“When the government decided to withdraw the appeal (in 2018), Dr Mahathir did not consult me as the attorney-general or the cabinet. It was a unilateral decision.

“There’s definitely some negligence on his part,” Apandi said.

When asked if there was precedence for taking a former cabinet member to task for negligence, Apandi said: “We don’t need precedence on this”.

“He broke the law and he should face the music,” Apandi said.

On May 9, 2003, Malaysia and Singapore agreed to submit their dispute about sovereignty over Pulau Batu Puteh and two nearby maritime features, Middle Rocks and South Ledge, to the ICJ.

In 2008, the ICJ gave the sovereignty of Pulau Batu Puteh to Singapore. The court ruled that Malaysia owned Middle Rocks, while it refrained from awarding South Ledge to either country, stating that it belonged to the government in whose territorial waters it is located.

In July 2017, Malaysia also filed a separate application requesting the ICJ to interpret the 2008 judgment on Pulau Batu Puteh.

However, shortly after Pakatan Harapan won the 2018 general election, Dr Mahathir announced that Malaysia would accept the ICJ ruling and would not pursue the matter. – October 11, 2021.