FORMER premier Tun Dr Mahathir Mohamad has approached the Court of Appeal to allow public access to the closed-door Batu Puteh Royal Commission of Inquiry (RCI). He seeks an order to remove former chief justice Tun Md Raus Sharif from chairing the RCI due to alleged bias.
Dr Mahathir’s counsel Muhammad Rafique Rashid Ali confirmed that a notice of appeal was filed yesterday (July 9) concerning the former premier’s judicial review.
The RCI is investigating Malaysia’s 2018 withdrawal of its appeal over the International Court of Justice (ICJ) decision, which awarded Batu Puteh’s sovereignty to Singapore. The 2008 ICJ ruling granted sovereignty over Pulau Batu Puteh to Singapore, Middle Rocks to Malaysia, and South Ledge to “the state in the territorial waters of which it is located”.
In his affidavit supporting the judicial review, Dr Mahathir cited past animosity between him and Raus.
In 2017, Dr Mahathir had filed a court challenge against Raus’ appointment as an additional Federal Court judge past his retirement age. After Dr Mahathir resumed his role as prime minister, Raus allegedly met him in May 2018 to express his intention to resign as chief justice, and subsequently tendered his resignation a month later.
Moreover, Dr Mahathir also sought to recuse two other RCI members, Datuk Dr Baljit Singh Sidhu and Datuk Mohammed Ridha Abd Kadir, claiming bias due to their involvement in a previous task force during his second tenure as prime minister from 2018 to 2020.
In 2022, then-prime minister Datuk Seri Ismail Sabri Yaakob revealed the task force report findings, suggesting Dr Mahathir was possibly negligent in failing to appeal against the ICJ’s decision.
The task force was chaired by former Attorney-General Tan Sri Mohamed Apandi Ali, who reportedly has a “bitter history” with Dr Mahathir.
On June 12, the Kuala Lumpur High Court granted leave for Dr Mahathir to proceed with part of the judicial review, allowing his lawyers to be present during the closed-door RCI.
Dr Mahathir’s appeal now seeks to obtain leave to proceed with the rest of the legal action specifically to open the RCI proceedings to the public and to challenge Raus’ appointment as its chairperson.
The outcome of Dr Mahathir’s appeal could potentially lead to greater transparency in the RCI’s proceedings and address concerns of bias within the commission. – July 10, 2024
Main photo credit: Reuters
