Court adjourns Dr M’s Batu Puteh RCI appeal to allow new evidence

 His lawyers want to submit the RCI report as fresh evidence in the challenge over denial of legal representation.

In June 2024, the Kuala Lumpur High Court granted Dr Mahathir Mohamad leave to commence a judicial review application to assert his right to legal representation during an RCI into Batu Puteh.

PETALING JAYA:

The Court of Appeal has adjourned Dr Mahathir Mohamad’s appeal against a decision by the Batu Puteh royal commission of inquiry (RCI) to deny him legal representation during its proceedings.

Mahathir’s lawyers Zainur Zakaria and Rafique Rashid Ali told the court they wanted to submit the RCI report as fresh evidence in the appeal, The Edge reported.

A three-member bench led by Justice Azizul Azmi Adnan then fixed Sept 10 for case management, giving the lawyers two weeks to file the report.

The bench also comprised Justices Ong Chee Kwan and Radzi Harun.

Mahathir is challenging the RCI’s decision to bar him and his lawyers from its proceedings, arguing this breached his right to legal representation under the Royal Commissions of Enquiry Act 1950.

The High Court granted Mahathir leave in June 2024 to commence judicial review proceedings challenging the decision.

However, in January last year, the High Court dismissed his judicial review application, which sought to challenge the RCI’s decision not to allow him or his lawyers to attend the proceedings. No order was made as to costs.

During the inter-partes hearing in 2024, Zainur submitted that the inquiry had violated Section 18 of the RCI Act 1950.

Section 18 states that any person whose conduct is the subject of inquiry under the Act, or who is in any way implicated or concerned in the matter under inquiry, shall be entitled to representation by an advocate at the whole of the inquiry.

Zainur said Mahathir should have been allowed to be present and represented by lawyers as he was the subject matter of the inquiry.

“Failure to comply with the provision makes the proceedings a nullity. As a consequence, the findings as contained in a report presented to the Yang di-Pertuan Agong are null and void,” he said.

Senior federal counsel Shamsul Bolhassan, however, submitted that Mahathir’s application was academic as the RCI’s report had already been submitted to the king.

The RCI’s report was declassified and released on the Parliament’s website on Dec 5, 2024, although several of its recommendations were redacted. - FMT