Judgement on Pedra Branca expected by next September
By May Wong, Channel NewsAsia | Posted: 24 November 2007 1629 hrs

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Malaysia has wrapped up its final rebuttals, bringing the three-week long hearing over the sovereignty of Pedra Branca and its two outcrops of Middle Rocks and South Ledge to a close.

Singapore and Malaysia both say they're equally confident of their case.

The hearing took place at the International Court of Justice in The Hague as Singapore and Malaysia could not settle their dispute over Pedra Branca, or Pulau Batu Puteh, as the Malaysians call it.

The dispute arose when Malaysia published its new map in 1979 of its territories which included Pedra Branca.

Singapore disagreed with it because it says it owns the island.

Singapore's Deputy Prime Minister and Law Minister S Jayakumar, who has been in The Hague throughout the hearing, acknowledged his team's achievements.

He said: "Our team has worked very hard for the past three weeks and I'm very proud of them. Although we should not be presumptuous, I do believe that we have presented a stronger case. But having said that, let us not forget that this case is like any other case before any court, final word rests with the judges, in this case, 16 judges.

"I think they'll take time to go through, not only what was said orally but also the many written pleadings, which contain a lot of arguments on both sides. So let us wait for the outcome of the judgment."

Malaysia's Foreign Affairs Minister, Syed Hamid Albar was also impressed with his team's performance.

He said: "We presented our case very well and I think we're very happy with our presentation, we've submitted and rebutted all the arguments that's been put by Singapore, so we're very confident of our position."

Earlier in the courtroom, where Malaysia summed up its position, its Ambassador-at-Large, Abdul Kadir Mohamad restated his country's arguments that it owns Pedra Branca, Middle Rocks and South Ledge.

He reiterated that Johor gave permission to the British to build the Horsburgh Lighthouse on the island.

Singapore had said earlier that Pedra Branca was a no-man's land before 1845, until the British went there to build the lighthouse.

It added the British did not seek permission to build the lighthouse on the island and never needed to.

When Singapore succeeded the island from the British later, the republic conducted numerous activities on the island, exercising its consistent sovereignty over Pedra Branca for over 130 years.

In addition, Mr Abdul Kadir, who's also Malaysia's agent for this case, rebutted Singapore's statement that the map Malaysia published in 1979 "upset existing legal order".

Malaysia had sent out a telegram then to inform her overseas Missions that the map would affect some countries.

Mr Abdul Kadir said: "The purpose of the telegram of 20 December 1979 from the Ministry of Foreign Affairs addressed to Malaysian diplomatic missions abroad was to advise them that the Map was not a fait accompli but a statement of position, accompanied by an express willingness by Malaysia to negotiate any unresolved questions."

The Singapore Deputy Prime Minister had said the 1979 Malaysian map did attract protests from all seven countries like Thailand, Vietnam, Indonesia and The Philippines.

And now, whatever the judges decide, Singapore and Malaysia are glad the issue has been brought to an international court.

DPM Jayakumar said: "The fact that both Malaysia and Singapore submitted this case by mutual agreement is a good step and a good way of resolving disputes between two countries. For resort to third party settlement, whether through international court or international arbitration is a way of removing a problem or irritant which might otherwise affect the overall bilateral relations and, in this case, both Singapore and Malaysia have agreed to abide by the decision of the World Court."

Mr Syed Hamid Albar said: "I think our relation is not on a particular issue, I think the bilateral relations are separate issues entirely. We look at the long term relationship between Malaysia and Singapore, this is a case we want the court to determine in accordance to the law."

After three hectic weeks here at the International Court of Justice, Singapore and Malaysia say they're satisfied with their presentation of rebuttals and arguments.

It is still early days to determine who will win this case, but the decision now lies in the hands of 16 judges.

They are expected to deliver their judgment by September next year. - CNA/ch