DR Mahathir Mohamad’s lawyers today filed an appeal at the Kuala Lumpur High Court hours after his bid to recuse two members of the Royal Commission of Inquiry (RCI) into the Bank Negara forex scandal were quashed.

Haniff Khatri Abdulla who is representing Dr Mahathir said that the appeal was filed this afternoon and a motion was to be filed later at the Putrajaya Court of Appeal.

“We have met the special officer of the court of appeal to get the consent whether the reasons given it will be heard by the court.

“We were told that the motion will be heard tomorrow,” he told The Malaysian Insight.

The two members are RCI chairman Mohd Sidek Hassan and member Saw Choo Boon, who have refused to recuse themselves from the inquiry into Bank Negara’s foreign exchange trading losses.

Earlier today, Haniff said the judge had conveyed that the RCI members did not have the power to recuse or not recuse themselves.

The judge also said there are no valid reasons for the court to cancel the RCI chairman and member’s appointments.

Haniff said that the RCI would resume its hearing on August 21 unless his team of lawyers appeal the High Court decision.

“We were instructed by Dr Mahathir to file the appeal and we got the confirmation today.”

Haniff said that the appeal will be heard inter partes, which is together with the Attorney-General chambers.

“We trying our best to see if we can convince the court, that it is important there is a stay of motion for the RCI so that the appeal can be heard.

“If the RCI is improperly constituted and impeaches the rules of natural justice and it is to be allowed by the court of appeal, then it going to be a waste of precious time for those presiding and various witnesses would need not be called to give evidence.”

The court last week dismissed Dr Mahathir’s application to discharge the two RCI members.

Dr Mahathir objects to them being part of the RCI on the grounds that they were also on the special task force that probed the case and recommended that the RCI be set up.

Haniff had said members of the recommending body should not be members of the RCI deciding on the case.

He said the RCI’s composition was important and any issues must be resolved to ensure a fair hearing.

Also sitting on the RCI 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. – August 17, 2017.