Originally posted by fairwind:
The misleading picture issue does not carry much weight in either countries' cases.
Why did it become an issue at all?
One key thrust of the Malaysian legal team's case is aimed to show that the British did receive explicit permission to use PB/PBP from the Johor sultanate thereby proving that the British had recognised Johor's sovereignty over PB/PBP all along.
The Malaysian legal team submitted that there existed an important letter which had requested for explicit permission. This letter was said to have been sent from the British governor of Singapore to the Johor sultanate. However, the legal team said that Malaysia does not have possession of the letter and alleged that it is in the possession of Singapore's National Archives which had not replied to their requests for the letter. As Malaysia could not produce the evidence (the letter), this allegation actually counts for very little weight in the overall consideration of sovereignty over PB/PBP.
However, this insinuated that Singapore's National Archives had been dishonest. This is unfair because if such a letter did exist, it should be in the possession of Johor's archives as the Johor sultanate was the receipient. The Singapore legal team expressed dissappointment with prinicpally this insinuation. See report - http://news.asiaone.com/News/AsiaOne%2BNews/Singapore/Story/A1Story20071119-37527.html
In retaliation, the Singapore legal team highlighted the inconsequential but juicy misleading picture issue.
Clearly, it was just a case of tit-for-tat.
Its a little bit more than that... I've skimmed through the transcripts... Jaya was PISSED OFF man

I may disagree with the govt but i'll say one thing: this old man has principles and any suggestions that they're flexible is likely to be met with extreme prejudice...
The only other time he reacted in this manner was when he was thoroughly cheesed off with the water negotiations and decided to make public the correspondences.
Anyway, there were serious allegations that Malaysia raised through sly "non-statements" and insinuations that might have prejudiced the court against us. The irritating photo was just one of them.
In itself, the photo has very little weight as evidence and it actually proves nothing but kicking up a bit of dust damages the credibility of the other side and throughout this time, SG had consistently made an effort to do that.
No sympathies there as I expect both countries to conduct themselves with dignity and integrity before the ICJ... If SG had been the one caught using rubbish evidence, I would not have sided with them.
It might be the Malaysian's tactic to distract the SG side so that we had to devote time for the rebuttal and less time for the main issues.
In any case, I thought the case was properly summed up through the written memorials and presentations already so it was pretty appropriate to rebut the more damaging allegations.
The Malaysian side however, pretty much stuck to their script for the rebuttal even though the Court Rules quite clearly stated that it should not be a repetition of points already raised in previous presentations... sigh...