KUALA LUMPUR, June 12 — The High Court here today dismissed Tun Dr Mahathir Mohamad’s application for a judicial review seeking open proceedings for the Royal Commission of Inquiry (RCI) on the handling of the Batu Puteh, Middle Rocks, and South Ledge sovereignty issues.
Judge Datuk Amarjeet Singh also dismissed the former Prime Minister’s request to prevent Tun Md Raus Sharif from acting as RCI chairman, as well as to dismiss Datuk Baljit Singh Sidhu and Datuk Mohammed Ridha Abd Kadir from the RCI.
“The court also denied the applicant’s (Dr Mahathir’s) request to postpone the RCI proceedings until the final resolution of the judicial review application,” said the judge.
Dr Mahathir filed the application on June 5, naming Md Raus and his deputy, Tan Sri Zainun Ali, as the first and second respondents.
The third to eighth respondents are RCI members Baljit Singh, Datuk Johan Shamsuddin Sabaruddin, Prof Faridah Jalil, Mohammed Ridha, Dickson Dollah, and RCI secretary Zamri Misman.
However, Amarjeet allowed Dr Mahathir’s application for leave to initiate a judicial review on whether he can be represented by a lawyer in the ongoing RCI proceedings.
The court then set June 26 for case management.
In his supporting affidavit, Dr Mahathir said the RCI’s decision not to hold public proceedings was unreasonable.
He also sought an order to prohibit Md Raus from acting as RCI chairman and to prevent Baljit and Ridha from becoming RCI members.
Dr Mahathir argued Md Raus’ appointment as RCI chairman posed a real danger of bias due to disagreements between Md Raus and him regarding the matter, which would affect Md Raus’ impartiality in making decisions for the inquiry.
The former Prime Minister also sought a declaration he is an individual involved or related to the matters being investigated by the RCI under Section 18 of the Commissions of Enquiry Act 1950.
Speaking to the media after the proceedings, Dr Mahathir’s lawyer Rafique Rashid Ali said he wrote to the RCI about the High Court’s decision today, and the RCI allowed his client to attend its proceedings at 11am.
Initially, Dr Mahathir was scheduled to testify before the RCI panel at 9.30am today.
— Bernama
