This was one of the recommendations in the RCI's 217-page report distributed to Members of Parliament in the Dewan Rakyat today.
According to the report, a criminal investigation could be initiated against the former prime minister under Section 415(b) and Section 418 of the Penal Code.
"In the context of Section 415(b), what needs to be demonstrated is that Tun Dr Mahathir had deceived the Cabinet and intentionally persuaded the Malaysian Government not to proceed with the applications (for review and interpretation of ICJ rulings), even though the decision was made unilaterally by Tun Dr Mahathir without Cabinet approval.
"If the Cabinet had been provided with the action papers for the ICJ (International Court of Justice) case and written opinions from international consultants, the Cabinet would likely have had a different perspective regarding both applications," the report read.
In this regard, the RCI believes that Dr Mahathir may have deliberately persuaded the Cabinet not to proceed with both applications, despite the contrary opinion of international consultants, who stated that there was a basis for the applications and a possibility of success.
On May 23, 2008, the ICJ ruled that Singapore had sovereignty over Batu Puteh, while Middle Rocks, located less than a kilometre from the island, belonged to Malaysia.
Additionally, the ICJ decided that the ownership of South Ledge, located about four kilometres from Batu Puteh, would be determined based on the maritime boundaries of the country that controls it.
In the context of Section 418 of the Penal Code, the RCI believes that an investigation under this section could be initiated based on the fact that Dr Mahathir had deceived the government, knowing that he could potentially cause a wrongful loss to the Government of Malaysia because as prime minister, he had an obligation to protect the nation's interests.
The RCI believes that Dr Mahathir had deceived the Government of Malaysia, which consists of Cabinet members, and caused them to make the decision not to proceed with both applications.
