The government filed an objection today at the High Court in Kuala Lumpur to former premier Dr Mahathir Mohamad's application for judicial review.
Mahathir is seeking to challenge the appointment of two members of the Royal Commission of Inquiry (RCI) into Bank Negara's foreign exchange losses in the 1990s.
The two RCI members who Mahathir is seeking to remove are Petronas chairperson Mohd Sidek Hassan, who is former chief secretary to the government, and also chairperson of the Special Taskforce to Facilitate Business (Pemudah) Saw Choo Boon. Sidek led a task force established earlier this year to probe the forex losses, of which Saw was a member.
The government’s legal team, led by senior federal counsel Amarjeet Singh and Suzana Atan, brought up the issue that the RCI did not have jurisdiction or powers to terminate appointments, and hence a judicial review application could not be made by Mahathir to seek an order of certiorari.
An order of certiorari is a formal order to the lower court to deliver its record of the case for review.
“The decision of the RCI in dismissing the application to disqualify Sidek and Saw, was correct on the grounds that it does not have jurisdiction or powers to terminate an appointment,” they said.
“The grounds for directing the Malaysian government or cabinet to advise the Yang di-Pertuan Agong to terminate the appointments do not come within the ambit of laws allowing for an order of mandamus (to compel).”
They made the application under Section 44 of the Special Relief Act 1950.
Mahathir's application, which was filed last Wednesday, came up today for leave to seek judicial review for his case to be heard on its merits before Justice Azizah Nawawi in her chambers.
Today was supposed to be an ex-parte application for leave but the government led by the Attorney General Chambers objected to the application.
Mahathir's lawyers, led by Haniff Khatri Abdulla, argued that the former premier could apply for leave for judicial review as it is within the rules of natural justice.
He said that the application should be made to prevent RCI members from being “tainted with bias”.
Haniff added that he, along with lawyers Rafique Rashid Ali and Fahmi Moin, had also asked the court to grant a stay of proceedings on the RCI until the judicial review had been disposed of.
Justice Azizah has fixed Thursday (Aug 17) to deliver her decision on whether to grant leave for Mahathir to seek judicial review or allow the government’s objection. - Mkini
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