Court upholds RCI’s decision to dismiss Dr M’s bid

KUALA LUMPUR: Tun Dr Mahathir Mohamad failed to get leave from the High Court to quash the Royal Commission of Inquiry’s (RCI) refusal to disqualify two of its panel members.

High Court ( Appellate and Special Powers) judge Justice Datin Azizah Nawawi ruled that the RCI looking into the billion-ringgit foreign exchange losses in the 1980s and 1990s has no jurisdiction to remove its own members.

Later yesterday, Dr Mahathir had an application filed at the Court of Appeal seeking to stay the RCI on Monday. It is scheduled to be heard today.

In her written judgment, Justice Azizah said that under Section 2 of the Commission of Enquiry Act 1950 (Act 119), powers for the appointment of commissioners rest with the Yang di-Pertuan Agong, and under Section 4, the King may appoint new members to replace those who have resigned, died or desire to be discharged.

“As such, the RCI has no jurisdiction or power over the appointment and/or removal of the members.

“Therefore, the RCI has correctly refused to accede to the application,” she said.

The ruling was made following a preliminary objection raised by senior federal counsel Datuk Amarjeet Singh.

Lawyer Mohamed Haniff Khatri Abdulla, who represented the former prime minister, said Dr Mahathir has given instructions to appeal the decision.

In his application dated Aug 9 for the leave, Dr Mahathir sought a certiorari order to quash the decision by the RCI, which refused to disqualify former chief secretary to the Government Tan Sri Mohd Sidek Hassan and Special Task Force to Facilitate Business (Pemudah) co-chairman Tan Sri Saw Choo Boon from being panel members.

The respondents named in the application were Mohd Sidek, High Court judge Datuk Wira Kamaludin Md Said, Bursa Malaysia chief executive officer Datuk Seri Tajuddin Atan, Saw, Malaysian Institute of Accountants member K. Puspanathan and Finance Ministry strategic investment division director Datuk Dr Yusof Ismail.