YOURSAY | ‘Please take a crash course on law and arbitration.’
Najib wants debate on Sulu claim, trains sights on Harapan
CH Y: Former Prime Minister Najib Abdul Razak asked six questions. Here are the answers to all of them:
1. When did Sulu descendants initiate the arbitration process?
Answer: Sulu heirs engaged Mat Salleh (western) high-powered lawyers who act like in insurance contingency cases. No fees to claimants, win or lose as London-based investment and litigation fund Therium is financing it, there will be a fat settlement.
A notice by these high-powered lawyers was given in 2017 while you totally ignored them without justification. Once you see high-powered professionals acting, you must order an in-depth study of the issues and engage with the claimants before the arbitration proceedings commence.
Instead of a RM50 million settlement, you are now looking at billions at stake.
2. Did Pakatan Harapan cabinet discuss the arbitration process?
Answer: Once you decided not to respond in 2017 and the arbitration filed, former attorney-general Tommy Thomas' only recourse (and the cabinet’s) was to challenge the forum of arbitration with a technical objection, which they did in Sabah High Court and in the Spanish court.
3. Why did Thomas as AG write to claimants to offer RM48,000?
Answer: Of course, due to the ambiguity of the strength of Malaysia's case on Sabah, a prudent lawyer always keeps the door open for settlement.
If you think that the letter decided the arbitration award in the claimants' favour, please read the 140-over pages of the report of proceedings and award and take up a crash course on law and arbitration.
4. Was it true that Harapan's cabinet was unaware of AG's 2019 letter to claimants?
Answer: In 2019, the objections by Thomas were still on the forum of arbitration in Spain and arbitration proceedings to tender evidence had not commenced.
Harapan was suffering from Najib's decision to stop the ‘kacang putih’ (paltry sum) payment of RM5,300 in 2013.
5. Can the letter be equated to Johor government's 1953 letter to Singapore over Pulau Batu Puteh?
Answer: Read the proceedings in total (140 pages) and understand that arbitration in this case is a detailed historical reconstruction of the agreement, treaties, and facts.
Adopting this simple statement will give you fail or near zero marks in any law or arbitration exams (international standards, of course).
6. Does Harapan support former premier Dr Mahathir Mohamad's or the late Karpal Singh's position that there should be no payments to the Sulu sultanate?
Answer: When does a politician's unofficial statement (when not in office and not being legally responsible carry fiduciary duties of good governance?).
Mahathir is a medical doctor and not a lawyer and was retired when the statement was issued. Of course, when did Karpal ever win 100 percent of his cases? He was not the AG and not responsible to research thoroughly the implications.
Once you have claimants suing you through one of England's reputable law firms, you better wake up and fight.
Former premier Muhyiddin Yassin and current PM Ismail Sabri Yaakob did not do anything when proceedings actually went for hearing in France in 2021 and 2022.
Najib, you are the source of the mistake.
Kilimanjaro: It is typical of Najib, isn't it? Put it any way you want. The superior man blames himself. The inferior man blames others.
The best job goes to the person who can get it done, without passing the buck or coming back with excuses. Who do you think makes a leader then?
Excuses are the tools the weak and incompetent used to build monuments of nothingness. Those who excel in excuses seldom excel in anything else but excuses.
Pin Najib to the then discontinuance of the payment which was a paltry sum by all accounts or go through a legal process to overcome the problem.
This seizure did not happen during the Harapan government because they were smart enough to settle the issue amicably with the heirs. And what amount did it pay - a mere RM48,000. That is being smart to save the day and explore other plausible solutions.
Instead, the present government looks like it followed Najib's mantra and had to face the brickbats.
Harapan did not create this problem. In fact, it saved face and the huge claim that the heirs are threatening. This problem started with Najib's administration and the current administration appears to have ignored the serious repercussions.
Norman Fernandez: Questions for Najib:
1. Did you after becoming prime minister, undertake any study on whether there was any basis for the continued payment to the heirs of the former Sulu sultan?
2. Having continuously made annual payments to the heirs of the Sulu sultan, were you counselled before you decided to stop further payment in the wake of the Lahad Datu invasion?
3. Were you advised of the consequences which could be occasioned by your decision?
4. What pre-emptive actions did you take to prevent the heirs of the Sulu sultan from commencing any action which could result in assets belonging to the state being seized.
5. After being given notice in 2017 by the heirs of the Sulu sultan that they intend to pursue action against Malaysia, what actions did you as the then prime minister take?
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