TUN Dr Mahathir Mohamad failed in his judicial review application to challenge the Pulau Batu Puteh Royal Commission of Inquiry’s decision not to allow the presence of his lawyers during the proceedings.
According to reports, Justice Amarjeet Singh gave no reason for his ruling in proceedings which took less than five minutes.
The judge told Dr Mahathir's lawyer, Zainur Zakaria, that he would state his reasons in writing.
Zainur said they would be appealing the court's decision.
Amarjeet had, on June 12, granted Dr Mahathir leave to commence judicial review proceedings.
However, he declined to grant a stay of the proceedings and also did not allow Dr Mahathir’s challenge for the RCI to be accessible for public coverage.
Dr Mahathir is seeking a declaration that he is an individual involved in or related to the matter being investigated by the RCI under Section 18 of the Commissions of Inquiry Act 1950 (Act 119).
Section 18 provides that any person whose conduct is the subject of enquiry under the act, or who is in any way implicated or concerned in the matter under enquiry, shall be entitled to representation by an advocate at the whole of the enquiry.
Zainur said Dr Mahathir should have been allowed to be present and represented by lawyers as he was the subject matter of the inquiry.
However, Senior federal counsel Shamsul Bolhassan argued that the term of reference was only for investigations, and not for pointing fingers at Dr Mahathir.
He also submitted that Dr Mahathir’s application was academic as the RCI’s report had already been submitted to the king. - January 13, 2025
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