The Tamesis
December 6, 2024
Kuala Lumpur – A criminal investigation into former Prime Minister Tun Dr Mahathir Mohamad is warranted, with a recommendation to establish a Royal Commission of Inquiry (RCI) that will examine issues surrounding the sovereignty of Batu Puteri, Intergan and South Reef.
In a carefully redacted and declassified report to Congress, the committee recommended that a criminal investigation be initiated under Section 415(b) of the Criminal Code and penalties imposed under Section 417 of the Criminal Code.
“In the context of Section 415(b), it must be proven that Dr Mahathir deliberately misled the Cabinet and deliberately influenced the government to abandon these applications, notwithstanding that the decision was taken unilaterally by him without the approval of the Cabinet,” the committee said. stated in a report released yesterday.
Graphics: Star
The committee also pointed out that the Cabinet may come to different views on the two applications if it obtains the relevant action documents of the International Court of Justice (ICJ) and the written opinions of the international consultants.
“In this case, Dr Mahathir may have deliberately influenced Cabinet to abandon the application, despite contradicting the opinion of international advisers that the application had a reasonable likelihood of success,” the report states.
The committee also believes that a criminal investigation can be launched against Mahathir under Section 418 of the Penal Code.
“The committee considers that an investigation under this provision is warranted based on the fact that he defrauded the government, knowing that this could cause undue loss to the Malaysian government.”
“As prime minister, he has a legal obligation to protect national interests,” the committee said.
It stated that the elements required to prove an offense under section 418 include that the defendant deceived a person, that the deception was connected with a legal duty to protect the interests of that person, and that the defendant knew that his conduct was likely to result in undue loss to the party .
In its findings, the committee noted that Dr Mahathir may have deceived the government, including cabinet members, leading to their decision not to proceed with the two applications.
“This deception was related to his duties, for which he had a legal obligation to safeguard the interests of Malaysia.
“As prime minister, he has always had the responsibility to protect and safeguard the country's sovereignty and welfare.”
The report stated that Dr Mahathir's decision not to proceed with the application had caused undue loss to the Malaysian government.
The committee also recommended that the RCI secretary submit a report to the police to initiate an investigation.
Dissenting committee members Tan Sri Zainon Ali and Professor Datin Faridah Jalil said Mahathir's decision not to proceed with the two applications amounted to dereliction of duty and not a criminal offence.
The Commission said that the ICJ's decision on 23 May 2008 regarding the loss of sovereignty over Batu Puti should serve as a lesson and highlighted that weakness, carelessness and complacency on issues related to national sovereignty must be corrected.
“This is also a lesson that a simple letter of inquiry sent by an external party, along with the written response provided, can be used at any time by external parties as evidence to assert rights and sovereignty over a country’s territory.
“Careless and ignorant remarks can be exploited by opponents and used against them.
“Every action and decision on policy matters involving national sovereignty and interests must be made with caution and in accordance with the law,” the committee said.
