KUALA LUMPUR – The high court is set to rule on Tun Dr Mahathir Mohamad’s application regarding the Royal Commission of Inquiry (RCI) proceedings into Batu Puteh, Middle Rocks and South Ledge on June 12.
Judge Datuk Amarjeet has fixed 8.30am to deliver his decision, an hour before the former prime minister is due to testify before the RCI panel on the same day.
The judge will substantively decide on Dr Mahathir’s application, which means he will skip the process of deciding on leave and proceed directly to deliver a decision on the legal issues raised in the application.
The two-time former prime minister filed an application on June 5, seeking the recusal of three RCI commissioners, namely the commission’s chairman Tun Md Raus Sharif, Datuk Baljit Singh Sidhu, and Datuk Mohammed Ridha Abd Kadir.
Lawyer Zainor Zakaria, who appeared for Dr Mahathir at today’s proceeding, submitted that the application to recuse was on the grounds that there was a “real danger of bias” due to the “bitter history” between the former Langkawi MP and Md Raus.
While the application to recuse Baljit and Ridha was on grounds that the duo were previously members of the special task force formed to review laws pertaining to sovereignty of Batu Puteh, Batuan Tengah and Tubir Selatan.
In Dr Mahathir’s application, he also sought a court order to revoke Section 18 of the Commission of Inquiry Act 1950, which grants him the right to counsel when providing evidence to RCI panels.
Zainor has argued that Dr Mahathir is entitled to legal representation throughout the entire inquiry, as his actions concerning Batu Puteh and two other locations are under scrutiny by the RCI.
The application was filed in court after the RCI panels dismissed Dr Mahathir’s request for his lawyers to represent him. The rejection occurred on May 21, the first day of the RCI enquiry proceeding, with no reasons provided.
In addition to seeking the RCI commissioner’s recusal and the right to counsel, Dr Mahathir also pursued a court’s mandamus order to grant him access to documentary evidence and lists of witnesses to be presented to the RCI and to compel the RCI to hold its proceedings publicly.
“What is there to hide? We want the truth, and we have nothing to hide,” said Zainor when submitting this part of the application.
Meanwhile, senior federal counsel Shamsul Bolhassan argued that Dr Mahathir’s case is not amenable to judicial review, as decisions made by the Royal Commission of Inquiry (RCI) are not subject to review.
He further said that since the RCI enquiry does not mention Dr Mahathir, Section 18 is not applicable to him in this context.
Previously, Dr Mahathir questioned why he had to give his answers to accusations against him relating to the Batu Puteh, Batuan Tengah, and Tubir Selatan issue behind closed doors.
He has been subpoenaed to attend the RCI proceedings on June 12, despite the fact that the proceedings commenced on May 1.
On January 24, the cabinet decided to establish an RCI to review the handling of matters related to the sovereignty of Batu Puteh, as well as Batuan Tengah and Tubir Selatan.
On May 23, 2008, the International Court of Justice (ICJ) ruled that Singapore rightfully possesses Batu Puteh, while Batuan Tengah, located less than one kilometre from the island, falls under Malaysia’s jurisdiction.
Additionally, the ICJ ruled that the property rights of Tubir Selatan, located approximately 4km from Batu Puteh, are subject to the territorial waters under the control of the respective countries.
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 10, 2024