Dr M loses bid to quash RCI’s decision

KUALA LUMPUR: The High Court here yesterday dismissed former prime minister Tun Dr Mahathir Mohamad’s application to quash the decision by the Royal Commission of Inquiry (RCI) of rejecting his request to disqualify the appointment of two members of the inquiry, ruling that the verdict was correct.

The RCI was set up to investigate the foreign exchange losses incurred by Bank Negara in the 1990’s.

Judge Datin Azizah Nawawi made the ruling in her chambers after allowing the objection by the government against Dr Mahathir’s leave application for a judicial review to challenge the decision.

In her written judgment made available to the press, judge Azizah said the RCI had no jurisdiction or power on the appointment and or removal of its members.

She said the RCI had correctly refused to accede to Dr Mahathir’s application to disqualify the appointment of its chairman, Tan Sri Mohd Sidek Hassan and one of the members, Tan Sri Saw Choo Boon.

The judge said that under Section 2 of the Commission of Enquiry Act 1950 (Act 119), the powers on the appointment of the commissioners rests with the Yang di-Pertuan Agong (YDPA) and under Section 4 of the Act, the YDPA may appoint a new member to replace any person who has resigned, died or desires to be discharged.

“Having considered the application and submission of both parties, I am of considered opinion that the application does not meet the threshold requirements. The application is dismissed with no order as to costs,” the judge said.

Dr Mahathir filed the application last Aug 9 to quash the RCI’s decision, made on Aug 8, to disqualify the appointment of Mohd Sidek and Saw as members of the commission. - Bernama