‘Sulu heir’ withdraws action
Published on: Thursday, December 08, 2022
Omarali had on Dec 4 filed the action claiming that he is the male descendant of Sultan Syed Abubakar Shariful Hashim and that the Government should consider a lump sum compensation payment to replace the annual cession money of RM5,000 to the heirs of the Sulu Sultanate that was paid since 1939 but stopped following the incursion by the Royal Sulu army in Tanduo, Lahad Datu, in 2013.
Kota Kinabalu: A “descendant” of the Sultan of Sulu who had filed leave for judicial review at the High Court, recently, seeking an undisclosed lump sum payment to replace the stoppage of the cession money of RM5,000, has withdrawn his action.Datu Omarali Bahtiar @ Bachtiyal, 64, through his counsel Marcel Jude filed the notice of discontinuance on Wednesday.
ADVERTISEMENT
Marcel, on behalf of Omarali, said in a statement that upon due consideration of the matter, Omarali decided to unequivocally withdraw and discontinue his action.
“Our client undertakes not to file the said action or similar action for any reason whatsoever,” said Marcel.
“Our client’s decision has been made independently and voluntarily and is irrevocable. lf and upon request by the Federal Government of Malaysia or the State Government of Sabah, our client will render all assistance in respect of the above matter for the benefit of the said Government respectively and the Malaysian nation,” said Marcel.
Omarali had on Dec 4 filed the action claiming that he is the male descendant of Sultan Syed Abubakar Shariful Hashim and that the Government should consider a lump sum compensation payment to replace the annual cession money of RM5,000 to the heirs of the Sulu Sultanate that was paid since 1939 but stopped following the incursion by the Royal Sulu army in Tanduo, Lahad Datu, in 2013.
ADVERTISEMENT
He named the Government of Malaysia as the sole respondent, being the successor to the Government of North Borneo.
Marcel, in another statement, stated they received Omarali’s instruction that the purpose for filing the application was actually to support the Government of Malaysia to nullify and neutralise the controversial claim of USD14.92 billion awarded by arbitrator Dr Gonzalo Stampa, on Feb. 28, 2022.
ADVERTISEMENT
“Secondly, our client had the intention to have the issue settled by one single payment instead of the matter being prolonged and continued without resolution.
“Our client confirms that there is no malafide or any unlawful intention on his part other than to preserve the sovereignty of Malaysia in this matter,” said Marcel, adding that should any further information be required, their client is willing to assist the relevant authorities concerned.
The application for Judicial Review concerns the matter of the grant by Sultan of Sulu to Baron de Overbeck and Alfred Dent dated Jan 22, 1878; in the matter of Civil Suit No.169/39, in the High Court of the State of North Borneo between Dayang Dayang Hadji Piandao Kiram (f) of Jolo, Philippines & 8 others vs the Government of North Borneo & Others: in the matter if the Judgment dates 18th December, 1939 of the Right Honourable Charles Frederick Cunningham Macaskie, Chief Justice of North Borneo from 1934 to 1935; in the matter of a letter from the Respondent dated 28th June, 2007 to the Applicant; and in the matter of an award of USD 14.92 billion by sole arbitrator Dr Gonzalo Stampa.
Omarali was seeking for an order of mandamus against the respondent to implement paragraph 2 of a letter dated June 28, 2007, namely “Sukacita dimaklumkan bahawa permohonan Y.Bhg Datu bagi mendapatkan suatu bayaran pampasan secara sekali gus (one lumpsum) daripada Kerajaan Malaysia, menggantikan bayaran pampasan secara tahunan sebanyak RM5,000 setahun yang sedang berjalan itu telah diambil maklum oleh MKN” (‘Pleased to be informed that Y.Bhg Datu’s application to obtain a one lump sum compensation payment from the Malaysian Government, replacing the ongoing annual compensation payment of RM5,000 per year has been taken into account by MKN).
He also sought a declaration that paragraph 2 of the letter dated 28th June, 2007 namely “Sukacita dimaklumkan bahawa permohonan Y.Bhg Datu bagi mendapatkan suatu bayaran pampasan secara sekali gus (one lumpsum) daripada Kerajaan Malaysia, menggantikan bayaran pampasan secara tahunan sebanyak RM5,000 setahun yang sedang berjalan itu telah diambil maklum oleh MKN” is valid, lawful and binding between the Respondent and the Applicant.
He also sought a declaration that the Judgment of the Right Honourable Charles Frederick Cunningham Macaskie, in suit no. 169/39 dated 18th December, 1939 between Dayang Dayang Hadji Piandao Kiram (f) of Jolo, Philippines and eight others VS the Government of North Borneo and Others, is valid, binding and lawful between the Respondent and the Applicant.
Omarali also seeking damages if any for the breach of the undertaking and the promise by the Respondent in respect of paragraph 2 of the letter dated 18th June, 2007 namely “Sukacita dimaklumkan bahawa permohonan Y.Bhg Datu bagi mendapatkan suatu bayaran pampasan secara sekali gus (one lumpsum) daripada Kerajaan Malaysia, menggantikan bayaran pampasan secara tahunan sebanyak RM5,000 setahun yang sedang berjalan itu telah diambil maklum oleh MKN”
He also sought costs and any other relief the Court deemed fit.
Stay up-to-date by following Daily Express’s Telegram channel.
Daily Express Malaysia
