KUALA LUMPUR (June 5): Tun Dr Mahathir Mohamad has filed a judicial review application at the High Court demanding the proceedings of the Pulau Batu Puteh Royal Commission of Inquiry (RCI) be open to the public, instead of being held behind closed doors.
The former prime minister named the RCI chairman, former chief justice Tun Md Raus Sharif, as well as the other members of the commission — former Federal Court judge Tan Sri Zainun Ali, lawyer Datuk Dr Baljit Singh Sidhu, law professors Datuk Dr Johan Shamsuddin Sabaruddin and Datin Dr Faridah Jalil, former Johor financial officer Datuk Mohammed Ridha Abd Kadir and Maritime Department director Dickson Dollah — and RCI secretary Zamri Misman as respondents.
Mahathir is also seeking leave from the court to apply for a declaration that as the person investigated by the RCI, he and his lawyers should be allowed to attend the proceedings of the inquiry, and that they should be handed all documents, witness list and documentary evidence tabled at the proceedings.
For judicial review applications, leave must first be obtained from the court for the merits of the application to be heard.
In the suit filed through the legal firm of Law Practice of Rafique, Mahathir is also seeking an injunction to prevent Md Raus from acting as chairman of the RCI, and Baljit and Mohammad Ridha as members of the commission.
Further, Mahathir wants the ongoing RCI proceedings to be postponed until the conclusion of his judicial review.
Mahathir and his lawyers had reportedly been barred from attending and participating in the proceedings, held behind closed doors at the Prime Minister’s Department, after his lawyers applied to do so on May 21.
However, the veteran politician is now scheduled to testify in the RCI on June 12.
'Collective decision by Cabinet to withdraw'
Mahathir, in an affidavit in support of his application, said he has the right to attend or be represented by lawyers in the RCI proceedings as he is deemed to be an aggrieved party in the matter. This, he claimed, is because the RCI represents a political agenda against him following the country’s decision to withdraw its application to review the International Court of Justice (ICJ) decision made in 2008.
He said the decision to withdraw the review was a collective decision made by the Cabinet which he had led as the seventh prime minister, at a meeting attended by 14 other ministers including his then deputy Datuk Dr Wan Azizah Wan Ismail, DAP secretary general Anthony Loke and Amanah president Mohamad Sabu.
Mahathir reiterated that the decision made by the Cabinet followed findings from international scholars that Malaysia’s case was weak in its bid to seek a review.
“The decision to withdraw was made in the open and agreed by everyone in the Cabinet,” he said, adding that the decision was taken on the advice of the international scholars appointed by then attorney general Tan Sri Mohamed Apandi Ali.
He added the statement by former prime minister Datuk Seri Ismail Sabri to hold the RCI is deemed confusing and had prejudiced him.
Mahathir claimed that the special task force (STF) formed by Ismail and headed by Apandi was deemed prejudicial, as he (Mahathir) had terminated Apandi’s services as AG following his failure to prosecute Datuk Seri Najib Razak over the 1Malaysia Development Bhd scandal.
He added the termination of Apandi’s tenure as AG was deemed correct as Apandi himself had failed in his suit against DAP politician Lim Kit Siang, from the High Court to the Federal Court.
Pointing out that Baljit and Mohammed Ridha were also members of Apandi’s STF, Mahathir said there is a real danger of bias if they were to serve as commissioners in this present RCI.
Tiff with Md Raus
Mahathir similarly said there is danger of bias in having Md Raus serve as RCI chairman, as he (Mahathir) had previously filed a judicial review against Md Raus' appointment as an additional judge and then as chief justice by Najib, after reaching the mandatory retirement age of 66.
“After becoming the seventh PM, Md Raus met me on May 15, 2018, saying his intention to resign as the CJ. Following that, Md Raus sent his letter of resignation to the Yang di Pertuan Agong in June 2018.
“I am advised by my lawyers that Md Raus should not preside over the present RCI as there is a real danger of bias of him making a transparent decision that would affect the outcome of the RCI,” he said.
Mahathir added he was not informed of the RCI, and when his lawyers attended the proceedings on May 21, they subsequently made an application to have Md Raus, Baljit and Mohammed Ridha recuse themselves from sitting in the RCI and for him (Mahathir) or his lawyers to be allowed to attend proceedings. However, the application was rejected.
Mahathir said the presence of the trio, as well as the restriction on him and his lawyers from attending the RCI, would result in him not getting a fair trial in the proceedings.
Mahathir also labelled the decision to hold the RCI behind closed doors as illogical.
“As a result of this, I seek leave from the court over the reliefs sought in this application,” Mahathir said.