THE newly-formed royal commission of inquiry (RCI) to probe a multi-billion forex loss suffered by Bank Negara Malaysia (BNM) in the 1990s has thrown out objections on the composition of its members.

Lawyers representing Dr Mahathir Mohamad and Anwar Ibrahim have charged that the commission comprised of appointed investigators that recommended the formation of the RCI to the cabinet in the first place.

“The composition of the RCI is unlawful as two members are from the special task force that recommended to the cabinet that the RCI be held,” said Mohamed Haniff Khatri Abdulla, lawyer for Dr Mahathir.

“In our opinion, this is a breach of natural justice.”

Lawyers representing former prime minister Dr Mahathir Mohamad and former deputy prime minister Anwar Ibrahim objected to the panel membership of Mohd Sidek Hassan, who leads the RCI and Saw Choo Boon, who is co-chairman of the Special Task Force to Facilitate Business.

Sidek is Petronas chairman and former chief secretary to the government while Saw is co-chairman of the Special Task Force to Facilitate Business.

Sidek led the special task force which recommended that further investigations be conducted by an RCI.

Other RCI panel members are High Court judge Kamaludin Said, Bursa Malaysia ceo Tajuddin Atan, Malaysian Institute of Accountants member K. Pushpanathan and Finance Ministry Strategic Investment Division director Yusof Ismail, who is also the commission’s secretary.

The six-member RCI panel, however, ruled that both could preside over the inquiry, saying the Yang di-Pertuan Agong had chosen the panel members and that the King’s decision is final.

“We have issues with Sidek and Saw being on this panel as they were on the special task force (that recommended the RCI),” said Sivarasa Rasiah, lawyer for Anwar.

“The special task force had already come to its conclusion that there was a prima facie case for further investigation and for an RCI to be set up,” said the Subang MP.

“In my opinion, the investigators should not sit on the commission.”

Lawyers also objected to an order by Sidek that limited questions from parties of interest to “relevant” ones.

“We are requesting an appeal to (that) decision,” Haniff said.

“What is the extent of our involvement in the proceedings, are we just to sit? Or are we actively involved? We were informed that we are to only ask relevant questions,” he said.”

Meanwhile, lawyers said neither Dr Mahathir nor Anwar has received any legal notice but said both men would co-operate.

“Dr Mahathir has always said he would give his full cooperation in any legitimate inquiry. But so far there has been no letter or notice presented to Tun (Dr Mahathir),” said Haniff.

“In fact, during the special task force of investigation, Dr Mahathir was never called up for questioning.”

No list of witnesses was issued today by the RCI panel. – August 8, 2017.