KUALA LUMPUR – Tun Dr Mahathir Mohamad has failed to get three members of the Royal Commission of Inquiry (RCI) into Batu Puteh recused and to have the inquiry held publicly.
The high court here dismissed the former prime minister’s applications on these matters today, ruling that former chief justice Tun Md Raus Sharif remains the RCI chairman and Datuk Baljit Singh Sidhu and Datuk Mohammed Ridha Abd Kadir are its panel members.
High court judge Datuk Amarjeet Singh also dismissed Dr Mahathir’s bid for the RCI proceedings to be held publicly.
However, Dr Mahathir was granted leave to proceed with a judicial review of his right to counsel during the RCI hearing.
Amarjeet said the former prime minister can argue on Section 18 of the Commission of Inquiry Act 1950 on the right to legal representation in the inquiry.
Dr Mahathir was represented by lawyers Zainur Zakaria and Muhammad Rafique Rashid Ali, while senior federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly@Arwi appeared for Attorney-General’s Chambers today.
Rafique also confirmed to the press that Dr Mahathir will appear and testify before the RCI at 11am today.
The proceeding will be held at the Legal Affairs Division under the Prime Minister’s Department headquarters in Putrajaya.
The lawyer said they will apply to the RCI panel to be allowed to represent the former Langkawi MP at today’s proceedings, given that they have only just obtained leave from the court today on Dr Mahathir’s rights to counsel during the inquiry.
“It will all depend on the panel’s discretion, whether to allow us in or not today,” he said.
Dr Mahathir filed his application for judicial review on June 5, after the RCI panel dismissed his request to have his lawyers represent him during the hearing.
The rejection was issued on May 21, the first day of the RCI inquiry proceeding, with no reasons provided.
Dr Mahathir was prime minister in May 2018 when the Pakatan Harapan government withdrew its application to challenge the International Court of Justice ruling in May 2008 that granted the legal jurisdiction of Batu Puteh to Singapore. – June 12, 2024