DR Mahathir Mohamad has filed a legal action in a bid to invalidate the report of the Royal Commission Inquiry into Bank Negara’s foreign exchange losses 30 years ago. 

The former prime minister’s lawyer, Haniff Khatri Abdulla, filed at the Kuala Lumpur High Court today an originating summons to seek a declaration among others that the RCI report “is not valid in law and unacceptable as a report for the purposes as a RCI Report” under the Commission of Enquiry Act 1950. 

Prime Minister Najib Razak and the Malaysian government were named as defendants. 

All five members of the RCI panel were also named: Mohd Sidek Hassan, Kamaludin Md Said, Tajuddin Atan, Saw Choo Boon and Pushpanathan S.G. Kanagarayar, as well its secretary, Yusof Ismail.

The 528-page RCI report was presented to the King on October 13, 2017 

Dr Mahathir’s originating summons argued that the final report, which is now publicly available, is missing written submissions from its 25 witnesses. Also missing are the transcripts of the question-and-answer sessions between the RCI panel, conducting officers, watching brief lawyers and the witnesses.

Dr Mahathir also argued that talking-point applications, that included requests to recall certain witnesses for questioning by watching brief lawyers, were also missing. 

The originating summons said the entire proceedings of the RCI should be made available either via transcript or video recording.

“Tun Dr Mahathir Mohamad has always been consistent with his stand, that the final report is incomplete without the written submissions by the witnesses. We put our faith and trust in the legal system,” Haniff said when contacted today. 

Dr Mahathir’s written submission totalled 256 pages, which included arguments against his alleged involvement in the forex losses, which the RCI concluded to be at RM31.5 billion, between 1992 and 1994.

Another 239 pages were talking-point applications in written form.

Among others, it requested that former Bank Negara Malaysia assistant governor Abdul Murad Khalid be questioned by watching brief lawyers, and that the RCI panel, led by Petronas chairman Sidek, refrain from making conclusions before the hearing was over.

The findings in the RCI report were tabled in Parliament on November 30.

It concluded that the losses involved a criminal breach of trust on the part of Nor Mohamed Yakcop, an adviser to the central bank for foreign exchange at the time.

Blame also went to Dr Mahathir and then finance minister Anwar Ibraim, who the RCI said were liable to be investigated for the common intention or abetting.

RCI secretary Yusof lodged a police report in Putrajaya based on the commission’s findings on the same day the report was tabled.

Police have set up a special team following the lodging of the report. Opposition lawmakers have called the inquiry politically motivated. – December 19, 2017.