KUALA LUMPUR, Jan 26 — The hearing of Tun Dr Mahathir Mohamad’s appeal against the High Court’s decision dismissing his application for a judicial review to allow him and his lawyer to attend the proceedings of the Royal Commission of Inquiry (RCI) over the handling of Batu Puteh, Middle Rocks, and South Ledge sovereignty issues has been postponed.
Dr Mahathir’s lawyer, Muhammad Rafique Rashid Ali, said the matter was originally scheduled for hearing today at the Court of Appeal, but the appellant applied for a postponement as lead counsel Zainur Zakaria is recuperating from an endovascular aneurysm procedure.
“Last Thursday (January 22), we applied for an adjournment from the Court of Appeal after being informed that the Attorney-General’s Chambers (AGC) had no objection.
“The case has now been fixed for case management via e-review on February 6 to determine a new hearing date,” he said when contacted today.
On January 13 last year, the High Court dismissed the judicial review application by Dr Mahathir to allow him and his lawyer to attend RCI proceedings.
On June 12, 2024, the former prime minister testified before the RCI, which was conducted in-camera. The RCI report was subsequently declassified and issued on December 5, 2024.
Among its findings, the RCI concluded that Dr Mahathir may have deliberately encouraged the Cabinet not to proceed with two related legal applications, despite advice from international consultants indicating that there was basis and reasonable prospect of success.
The applications concerned a request to review and interpret the International Court of Justice (ICJ) decision dated May 23, 2008, which ruled that Singapore had sovereignty over Batu Puteh, while Middle Rocks, located less than 1km away, belongs to Malaysia.
The ICJ also ruled that ownership of South Ledge, located about 4km from Batu Puteh, would be determined based on the delimitation of the territorial waters of the state exercising control over it.
In its 217-page report, the RCI also recommended a criminal investigation be initiated against Dr Mahathir under Section 415(b) of the Penal Code, and that he could be punished under sections 417 and 418 of the same law.
On July 22, 2025, Prime Minister Datuk Seri Anwar Ibrahim said the government won’t proceed with action against Dr Mahathir over the sovereignty of Batu Puteh, which was raised in the RCI, due to the centenarian’s age.
Dr Mahathir filed the judicial review application on June 5 last year, naming eight respondents, including RCI chair Tun Md Raus Sharif, claiming he was not allowed to be represented by his chosen lawyer at the RCI proceedings, in addition to claiming he has the right to be represented by his chosen lawyer in the investigation.
Dr Mahathir is seeking a declaration that he was the subject of the RCI investigation or involved in the matter being investigated by the commission, and is seeking a mandamus order to allow him and his lawyer to be present throughout the RCI proceedings.
