KL High Court dismisses Dr Mahathir’s bid for open Batu Puteh RCI proceedings

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 Pulau 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 chairman of the RCI, as well as to block Datuk Dr Baljit Singh Sidhu and Datuk Mohammed Ridha Abd Kadir from serving as RCI members.

“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 Dr Johan Shamsuddin Sabaruddin, Prof Datin Dr Faridah Jalil, Mohammed Ridha, Dickson Dollah, and RCI Secretary Zamri Misman.

However, Judge Amarjeet allowed Dr Mahathir’s application for leave to initiate a judicial review on whether he could 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 stated that the RCI’s decision not to hold public proceedings was unreasonable.

He also sought an order to prohibit Md Raus from acting as the RCI chairman and to prevent Dr Baljit and Mohammed Ridha from being RCI members.

Dr Mahathir argued that Md Raus’s 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’s impartiality in making decisions for the inquiry.

The former prime minister also sought a declaration that 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 (Act 119).

Speaking to the media after the proceedings, Dr. Mahathir’s lawyer Rafique Rashid Ali said he had written to the RCI about the High Court’s decision today, and the RCI has allowed his client to attend its proceedings at 11 am.

Initially, Dr. Mahathir was scheduled to testify before the RCI panel at 9.30am today.

– Bernama

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