KUALA LUMPUR – Former prime minister Tun Dr Mahathir Mohamad has filed a judicial review application seeking for the royal commission of inquiry’s (RCI) proceedings into Batu Puteh, Batuan Tengah and Tubir Selatan to be made public.
The ex-parte application, which was filed before the Kuala Lumpur High Court today by law firm Messrs Law Practice of Rafique, lists top figures and members of the RCI as its eight respondents.
Those named in the legal action are former chief justice Tun Md Raus Sharif as the RCI’s chairman, former Federal Court judge Tan Sri Zainun Ali as its deputy chairperson and the Prime Minister’s Department’s legal affairs division director-general Zamri Misman as its secretary.
RCI members legal practitioner Datuk Baljit Singh Sidhu, former Universiti Malaya law faculty dean Assoc Prof Datuk Johan Shamsuddin Sabaruddin, constitutional law and administrative law expert Prof Datin Faridah Jalil, Johor state financial officer Datuk Mohammed Ridha Abd Kadir and the Marine Department’s Southern Region director Dickson Dollah are also named as respondents.
Additionally, Dr Mahathir wants an order for the RCI proceedings to be stayed pending the final disposal of the judicial review application as well as any other relief or orders as considered just by the court.
Besides a mandamus order compelling the RCI to conduct its proceedings in public, Dr Mahathir is seeking a prohibition order disallowing Raus from acting as the RCI’s chairman.
In his supporting affidavit, Dr Mahathir says Raus’ appointment raises a “real danger of bias” due to the “bitter history” between the two figures, which could potentially affect the chairman’s impartiality and neutrality on the procedural fairness of the inquiry.
Citing similar concerns, the two-time former prime minister also wants Baljit and Ridha to be legally prevented from being members of the RCI.
He cites how the duo were previously members of the special task force which reviewed the laws pertaining to the sovereignty of Batu Puteh, Batuan Tengah and Tubir Selatan, following which it was found that “there was possible negligence and oversight on (Dr Mahathir’s) part when he was the prime minister over the Batu Puteh issue”.
Dr Mahathir is also seeking for the court to allow him and his lawyers to attend the duration of the inquiry as well as an order for the RCI to serve him and his legal team with all documentary evidence and list of witnesses to be presented to the RCI.
Previously, Dr Mahathir questioned why his answers to accusations against him relating to the Batu Puteh, Batuan Tengah and Tubir Selatan issue had to be made behind closed doors.
He has been subpoenaed to attend the RCI proceeding on June 12, even though the proceedings started on May 21.
On April 1, law minister Datuk Seri Azalina Othman Said claimed the “individual” who made decisions “secretly” and “alone” (in isolation) was responsible for Malaysia losing Batu Puteh during the appeals process at an international court.
Without naming the individual during a Dewan Negara sitting, she said the leader had made the decision unilaterally, without informing anyone, including the attorney-general, who was placed on “forced leave” at the time.
On January 24, the cabinet decided to establish an RCI to review the handling of matters related to the sovereignty of Batu Puteh, Batuan Tengah and Tubir Selatan.
On May 23, 2008, the International Court of Justice (ICJ) ruled that Singapore rightfully possesses Batu Puteh, whereas Batuan Tengah, situated less than one kilometre from the island, falls under Malaysia’s jurisdiction.
Furthermore, the ICJ determined that the property rights of Tubir Selatan, approximately 4km from Batu Puteh, shall be contingent upon the territorial waters controlled by the respective country.
On May 28, 2018, the Pakatan Harapan government withdrew its application to challenge the ICJ decision that granted legal jurisdiction of Batu Puteh to Singapore. – June 5, 2024