KUALA LUMPUR (June 6): The Attorney General's Chambers will be objecting to former prime minister Tun Dr Mahathir Mohamad's leave application to file for a judicial review relating to the Pulau Batu Puteh Royal Commission of Inquiry (RCI), according to a federal counsel.
The High Court on Thursday fixed June 10 as hearing date for the leave application. This was confirmed by Dr Mahathir’s counsel Muhammad Rafique Rashid Ali when contacted by The Edge.
Judge Datuk Amarjeet Singh Serjit Singh fixed an early date as Mahathir had filed a certificate of urgency. The former prime minister is scheduled to testify at the RCI on June 12.
Senior federal counsel Shamsul Bolhassan, who is also the first deputy head of the AGC's civil division, also confirmed the hearing date when contacted by The Edge.
Shamsul also said the AGC will oppose the leave application when it comes for hearing.
The RCI was established to look into the handling of issues related to the sovereignty of Pulau Batu Puteh, Middle Rocks and South Ledge.
Mahathir is seeking the judicial review to have the RCI proceedings conducted publicly and not behind closed doors. He filed the leave application on Wednesday.
The former prime minister is also seeking an order to bar former chief justice Tun Md Raus Sharif from acting as RCI chairman, and prohibit lawyer Datuk Dr Baljit Singh and Johor state financial officer Datuk Mohammed Ridha Abd Kadir from serving as members of the commission.
Mahathir, who is also seeking to halt the RCI proceedings until the disposal of his court case, has named the seven-member commission and its secretary as respondents in the legal challenge.
He is also seeking a declaration from the court 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.
The veteran politician and his lawyers have reportedly been barred from attending the proceedings, held behind closed doors at the Prime Minister’s Department, when his lawyers applied to do so on May 21.
On the reason for seeking the disqualification of Md Raus and the other members from the RCI, Mahathir said there was a real danger of bias, as he had previously opposed the move to extend Md Raus' service as chief justice after reaching the mandatory retirement age for judges at 66.
As for Baljit and Mohammed Ridha, they had served on the special task force chaired by former attorney general Tan Sri Mohamed Apandi Ali to look into the Pulau Batu Puteh sovereignty issues.