Dr M challenges RCI’s refusal to discharge two panel members

PETALING JAYA: Former prime minister Tun Dr Mahathir Mohamad has filed for a judicial review of the Royal Commission of Inquiry’s (RCI) decision to dismiss an application to discharge two members of the panel.

The ex parte application was filed through Messrs Haniff Khatri at the Kuala Lumpur High Court registry yesterday. It named RCI chairman Tan Sri Mohd Sidek Hassan, RCI panel members High Court judge Justice Kamaludin Md Said, Datuk Seri Tajuddin Atan, Tan Sri Saw Choo Boon and K. Pushpanathan as respondents.

The application also named Datuk Dr Yusof Ismail, who is the RCI secretary, and the Malaysian Government as the sixth and seventh respondents.

It sought an order of certiorari to quash the RCI’s decision not to recuse Mohd Sidek and Saw.

It also sought a mandamus order to compel the Government to advice the Yang di-Pertuan Agong to revoke or terminate the appointment of both Mohd Sidek and Saw, and stay the RCI proceedings until the disposal of the judicial review application.

In its supporting affidavit, it stated that the composition of the RCI panel had breached the principle of natural justice on grounds that Mohd Sidek and Saw were members of a task force that recommended the establishment of the RCI to investigate Bank Negara’s losses from forex dealings in the 1990s.

Dr Mahathir also filed another ex parte judicial review application and named Prime Minister Datuk Seri Najib Tun Razak, the Government and Chief Justice Tan Sri Md Raus Sharif as the first, second and third respondents.

He sought a mandamus order to compel Najib and the Government to render its advice to the Yang di-Pertuan Agong to revoke or terminate Md Raus’ appointment as the Chief Justice on grounds that the Federal Constitution did not allow for the appointment of a person who has reached 66 years as the Chief Justice.

It also sought to stay Md Raus from carrying out his normal functions as the Chief Justice until the disposal of the application.