FORMER prime minister Tun Dr Mahathir Mohamad failed to initiate judicial review applications regarding the Royal Commission of Inquiry (RCI) into Batu Puteh, Middle Rocks, and South Ledge at the Kuala Lumpur High Court today.

Dr Mahathir sought the recusal of RCI chairman Tun Md Raus Sharif and commissioners Datuk Baljit Singh Sidhu and Datuk Mohammed Ridha Abdul Kadir, citing alleged conflicts of interest.

The former premier also requested that the proceedings be open to the public and that he be allowed to have his lawyers present when he testifies.

Judge Datuk Amarjeet Singh Serjit Singh, in delivering the verdict, said the high court has refused Dr Mahathir’s application to recuse Raus Sharif and two others from the RCI panel into Batu Puteh.

He also refused the former prime minister’s application for a public hearing of the RCI and his (Dr Mahathir’s) application to stay the RCI hearing pending the disposal of his judicial review.

However, he allowed leave for Dr Mahathir to proceed with one part of the judicial review, namely that his lawyers be present during the RCI.

Senior federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly @ Arwi appeared for the Attorney-General’s Chambers (AGC), while Zainur Zakaria, Muhammad Rafique Rashid Ali and Nizam Bashir represented Dr Mahathir.

Last week, Dr Mahathir filed a certificate of urgency seeking a quick hearing of his leave application.

He also said Raus’ appointment was a gross violation of natural justice as he was an interested party.

Dr Mahathir filed a judicial review in 2017 to challenge the legality of Raus remaining chief justice until 2020, after he was appointed as an additional judge of the Federal Court after reaching the retirement age set out in the Federal Constitution.

On February 14 this year, His Majesty Sultan Ibrahim, King of Malaysia had consented to the setting up of an RCI and the appointment of seven RCI members.

The king had also consented to Raus leading the RCI to look into why Malaysia had dropped its territorial claim to Batu Puteh. – June 12, 2024