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Thursday, August 17, 2017

Court to hear Mahathir’s application tomorrow to stall RCI hearing

A three-man Court of Appeal bench will hear lawyers from both sides before deciding on the urgent application.
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PETALING JAYA: The Court of Appeal will hear tomorrow an application by Dr Mahathir Mohamad to stay the Royal Commission of Inquiry (RCI) proceeding, set up to probe Bank Negara Malaysia’s (BNM) forex losses in the 1990s.
Lawyer Mohamed Haniff Khatri Abdulla said the court papers had been served on the Attorney-General’s Chamber this evening for their lawyers to appear for the RCI.
“The court will hear lawyers from both sides before making a decision to grant our application,” he told FMT.
Earlier today, the High Court dismissed Mahathir’s leave application for judicial review in his bid to remove panel chairman Mohd Sidek Hassan and member Saw Choo Boon.
Haniff said he filed this afternoon a notice of appeal against the High Court ruling before proceeding to file the urgent application to stay the RCI proceeding next Monday.
Justice Azizah Nawawi held that the RCI members have no powers to remove themselves and thus there could be no formal decision on their recusal.
The judge also held that the court cannot give a mandamus order sought by Mahathir to advise the king to revoke the appointments of Sidek and Saw.
She said a mandamus order was only applicable to civil servants and not the government.
Last week, Mahathir filed a judicial review leave application, seeking to quash the RCI’s refusal to remove Sidek and Saw from the tribunal.
Mahathir also asked that the five-member RCI panel be suspended from sitting pending the outcome of the court decision.
He claimed the RCI composition was a breach of natural justice as Sidek and Saw were previously members of another task force that had conducted a preliminary investigation into the losses suffered by the central bank.
Apart from Sidek and Saw, the other members of the tribunal are High Court judge Kamaludin Md Said, Bursa Malaysia Berhad chief executive officer Tajuddin Atan, and member of the Malaysian Institute of Accountants and the Malaysian Institute of Certified Public Accountants, Pushpanathan S A Kanagarayar. - FMT

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