By Tariq Ismail

KUALA LUMPUR, Malaysia--The Foreign Affairs Bureau of Parti Pejuang Tanahair is concerned with the Federal Government’s request for a Royal Commission of Inquiry (RCI) into the Pedra Branca case, citing a possible charge of misfeasance towards the previous administration for not pursuing the case further.

In our opinion, the case was lost on account of the failure to irrevocably prove ownership either through legal possession or active possession.

Of the former, Malaysia had failed to obtain sufficient documentary evidence that firmly attested to continuous legal ownership of Pedra Branca by the Johor Sultanate through to the 1950s at least.

Even within 10 years after the verdict was handed out by the International Court of Justice (ICJ), the three documents found later and which are alleged to hold the key for legal ownership were mere references and hardly legal documents of ownership.

Whereas, of the latter in terms of active possession, this Bureau holds on to the notion that possession is 9/10ths of the law.

Whilst Malaysia had failed to actively administer and manage its perceived possession of Pedra Branca, Singapore was found to have actively maintained and defended it through the decades and well into the late 20th century.

This then constitutes the winning argument for Singapore in the 12 votes which voted its way.

Therefore, a charge of misfeasance - which requires proving abuse of power and malice on the part of the public officer which extends beyond gross incompetence, neglect or breach of duty - would mean proving all previous administrations of Malaysia of gross negligence and not just the Pakatan Harapan Government (who were days in power when the period for review lapsed).

Proceeding with the RCI would merely be an exercise in futility which one can only deem to be politically motivated, and utterly wasteful given other more urgent priorities during this period of recovery.

Instead, this Bureau would like to recommend to the Federal Government and the State Governments of Johor and Sabah to focus on defending the nation’s other assets under threat of competing claims by Singapore and China i.e. Pulau Pisang off the Johor coast and Pulau LayangLayang.

The points of law governing possession of these two are the same as in Pedra Branca.

If Malaysia had learnt from the loss of Pedra Branca, the administration would be vigorously building its arsenal of evidence to support legal possession as well as dominantly asserting its active possession of these two islands.

If Pedra Branca was anything to go by, building these cases may take decades hence time is of the essence.

This is no time to be playing politics, because national interest and our sovereignty is at stake.

*Tariq Ismail is International Affairs Bureau Chief and an Executive Council Member of Parti Pejuang Tanah Air (Pejuang)*