The Cabinet has decided not to take legal action against former prime minister Tun Dr Mahathir Mohamad over Malaysia’s withdrawal of its claim to Pulau Batu Puteh.
Prime Minister Datuk Seri Anwar Ibrahim said the decision was made due to Dr Mahathir’s age, despite the government maintaining that he was at fault.
“We made the decision because it involves a former prime minister who is 100 years old,” Anwar told Parliament, as quoted by the New Straits Times.
“Is he not at fault? He is at fault. Should action be taken? We agreed not to take action.”
Anwar added that proceeding with legal action could prompt accusations of unfairness by the Opposition.
In December 2024, a Royal Commission of Inquiry (RCI) had recommended a criminal investigation against Dr Mahathir under Sections 415(b) and 418 of the Penal Code. The recommendation was linked to his 2018 decision to withdraw Malaysia’s application to review the International Court of Justice’s (ICJ) ruling on Batu Puteh.
In 2008, the ICJ ruled that Batu Puteh belonged to Singapore, Middle Rocks to Malaysia, and the ownership of South Ledge would depend on territorial delimitation.
The RCI did not recommend filing a civil suit for misfeasance in public office, citing the six-year limitation period. It also opted not to suggest a fresh request for interpretation to the ICJ, although that option remains available.
Dr Mahathir said he was prepared to face any investigation and maintained his integrity during his tenure. However, he alleged that the RCI was convened to target him and pin the blame on him for Malaysia’s loss of claim to the island.