Pulau Batu Puteh suit: PM, govt given until Oct 8 to file defence
The prime minister and the government obtained additional time until Oct 8 to file their statement of defence against a lawsuit regarding Malaysia’s sovereignty status over Pulau Batu Puteh.
The Kuala Lumpur High Court today granted the extension of time to the defendants in the legal action by Malaysian citizen Mohd Hatta Sanuri...
The prime minister and the government obtained additional time until Oct 8 to file their statement of defence against a lawsuit regarding Malaysia’s sovereignty status over Pulau Batu Puteh.
The Kuala Lumpur High Court today granted the extension of time to the defendants in the legal action by Malaysian citizen Mohd Hatta Sanuri.
Malaysiakini previously reported that Hatta filed the writ of summons on May 28, in relation to Malaysia’s 2018 withdrawal of an application to review the International Court of Justice’s (ICJ) award of sovereignty over Pulau Batu Puteh to Singapore.
Then on Sept 13, the online news portal Free Malaysia Today reported on today being set for a High Court hearing of the two defendants’ application for extension of time to file their statement of defence. The prime minister and the government were then seeking an additional two months to file the papers.
Senior federal counsel Ahmad Hanir Hambaly @ Arwi today confirmed that judge Rozana Ali Yusoff granted the extension of time for the prime minister and government until Oct 8 to file their statement of defence.
Hanir added that the court also fixed further case management on Oct 29 to update on the status of filing of the statement of defence by the two defendants.
When contacted this afternoon, the plaintiff's counsel Mohaji Selamat also confirmed that the two defendants were granted the extension of time to file the statement of defence.
Hatta’s writ of summons listed the prime minister, who was not named, and the Malaysian government as first and second defendants respectively.
At the time of filing in May, the premiership was held by Muhyiddin Yassin. However, last month, he stepped down and Ismail Sabri Yaakob was subsequently appointed as the ninth prime minister.
In late May 2018, following the 14th general election (GE14) victory of the Pakatan Harapan coalition, the then Dr Mahathir Mohamad-led government had withdrawn its review application against the ruling by ICJ, which is UN's highest court.
The Singaporean government reportedly said it was “happy” that Malaysia informed ICJ on May 28 that year that it would be withdrawing the review application.
The main rocky outcrop, no more than half the size of a football field, is known as Pulau Batu Puteh in Malaysia and Pedra Branca in Singapore. It is located about 15km off Peninsular Malaysia’s southern coast.
Decision affected all Malaysians
According to the statement of claim, Hatta, 45, contended that he is suing on behalf of himself and 32 million other Malaysian citizens.
According to him, all Malaysians were affected by the defendants’ unilateral act of withdrawal of the ICJ review application without first tabling and discussing it in Parliament.
Hatta claimed that the government until now has not given an explanation for the withdrawal of the ICJ review application in light of alleged new evidence that favours Malaysia’s side in the bid for sovereignty over Pulau Batu Puteh.
“It is very unfair for the plaintiff when the review application was withdrawn just like that without reason or explanation, as though the issue of claim over Pulau Batu Puteh is a trivial matter and can just be let go or forgotten like that, when in fact it involves the sovereignty of Malaysia.
"The plaintiff, as well as all 32 million Malaysian citizens, deserve to get an explanation over the (decision) to withdraw from reviewing the (ICJ) ruling and not continuing the proceeding in a unilateral way and quietly, without any public debate or discussion with all Malaysian citizens before making such (a withdrawal) decision,” Hatta contended.
Among the court orders sought by the plaintiff is for the two defendants to give a written explanation on the reason for the withdrawal of the ICJ review application and for a declaration that they have been negligent and breached the trust of all Malaysian citizens.
Hatta seeks a declaration for the defendants to pay around RM10 million compensation to Malaysian citizens.
He said the amount is to be based on further court deliberation and should be calculated based on the land value of Pulau Batu Puteh and the economic loss incurred by all Malaysians, including him.
He is also seeking an order, among others, for the defendants to reveal in detail the total cost spent by the government to prepare the ICJ review application on Feb 3, 2017 until the defendants suddenly retracted it as confirmed by ICJ on June 1, 2018.
Hatta is represented by law firm Messrs Mohaji, Hazury & Ismail.
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