THE Kuala Lumpur High Court has quashed Dr Mahathir Mohamad’s bid to recuse two members of the Royal Commission of Inquiry (RCI) into the Bank Negara forex scandal, said his lawyer, Haniff Khatri.

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

“The court decided that Dr Mahathir’s application to have two members of the RCI panel recused was dismissed with no order as to costs,” he said outside the Kuala Lumpur High Court today.

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.

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

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

“The judge also said they cannot instruct a mandamus application (order to compel) to the Malaysian government or Prime Minister Najib Razak to advise the King because he is not a civil servant under the mandamus law.”

Putrajaya, through its counsel, led by Amerjeet Singh, had objected to the application on the grounds that the RCI was not open to judicial review.

Haniff said they might file an appeal on the instructions of Dr Mahathir.

“If we get the instruction, we will file and appeal today or tomorrow for the Court of Appeal to make a decision.

“We have to convince the court if there is a motion of stay for the RCI.”

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, Special Task Force to Facilitate Business co-chairman Saw Choo Boon, Malaysian Institute of Accountants member K. Pushpanathan and Finance Ministry strategic investment division director Yusof Ismail. – August 17, 2017.