Dr Mahathir Mohamad has been called to testify before the royal commission of inquiry tasked to probe losses amounting to billions during his tenure as prime minister. 

The Pakatan Harapan chairman is expected at 11am on Monday and will likely be the 23rd witness called to testify on the billions lost by Bank Negara Malaysia between 1988 to 1994.

His lawyer, Mohamed Haniff Khatri Abdulla, however, said Dr Mahathir wants to have his statement recorded prior to appearing before the RCI.

“The 20 previous witnesses were allowed to prepare witness statements. We want them to do the same with Tun Dr Mahathir,” Haniff said.

Haniff said he received the subpoena this afternoon, and that Dr Mahathir was currently attending the funeral of the late Kedah ruler Sultan Abdul Halim Mu’adzam Shah.

“If they’re interested in having a proper inquiry with Tun Dr Mahathir, then we demand that they conduct it in a fair and just manner. 

“The previous witnesses were allowed time to prepare their statements. The RCI officers had assisted by interviewing them (the witnesses) and they were allowed to read (government) documents and reflect before answering. We want the same treatment,” said Haniff.

Haniff said he would hand a letter to the RCI secretariat requesting for the commission to fix a time and date for its officers to interview Dr Mahathir. 

The secretariat is headed by the finance ministry’s strategic investment department secretary Yusof Ismail

The RCI, chaired by former Petronas chairman Mohd Sidek Hassan, is tasked to probe losses suffered by the central bank’s forex trading arm during the years 1988 to 1994. 

Former central bank assistant governor Abdul Murad Khalid alleged that BNM’s forex trading losses had amounted to US$10 billion (RM25 billion then) instead of the RM9.3 billion stated in BNM’s annual report in 1994. 

Lawyers of Dr Mahathir and jailed de facto Pakatan Harapan leader Anwar Ibrahim, who was finance minister during the period, have called the RCI biased in its line of questioning, which suggested that both men had known the extent of the losses early on and had concealed them from the public.

Lawyers also criticised the RCI for blocking access to documents on which some witnesses had based their statements. These include audit reports, which were reportedly classified under the Official Secrets Act,

Haniff said as the RCI was subpoeanaing Dr Mahathir, he must be given the opportunity to go through the documents, some of which go back 25 years

“They must give him the right period of time to read and digest them and to recollect his memory. If the RCI does not intend to allow Tun Dr Mahathir to prepare his witness statement, then they are duty bound to let us have all the documents to which they intend to refer.” 

The documents must be delivered by or before 3pm Friday, Haniff said. 

“Otherwise it will be a question of, are they treating Tun Dr Mahathir differently? Why did they give the other witnesses time to prepare theirs (statement)?”

Haniff said should the RCI fail to accede to the requests, it must then justify the failure. 

“Otherwise it will be clear to all that they never intended to give a fair inquiry.

Meanwhile, Haniff said a notice of appeal from the Kuala Lumpur High Court’s decision to allow Dr Mahathir’s bid to recuse two RCI panel members was still pending in the Putrajaya Court of Appeal.

“Since Tun Dr Mahathir has been subpoenaed, he will attend the RCI but without prejudice to the appeal pending in the Court of Appeal,” Haniff said. 

Lawyers had said there was an issue of bias as RCI chair Sidek and panel member Saw Choo Boon were on the special task force that had recommended to the Cabinet that an RCI be set up.

Anwar, the 21st witness, was questioned by the RCI on Thursday. He is the only witness to have testified without a prepared statement.

Opposition lawmakers have called the inquiry politically motivated. – September 12, 2017.