KUALA LUMPUR, Jan 13 — The High Court here today dismissed a judicial review application by Tun Dr Mahathir Mohamad for him and his lawyer to be present during the Royal Commission of Inquiry (RCI) proceedings regarding the handling of the Batu Puteh, Middle Rocks, and South Ledge sovereignty issues.
Judge Datuk Amarjeet Singh dismissed the application without costs at a proceeding attended by lawyers Zainur Zakaria and Muhammad Rafique Rashid Ali, representing Dr Mahathir, and senior federal counsel Shamsul Bolhassan and Nur Hafizza Azizan, appearing for the respondents.
“I will write the full judgment in a short time,” said the judge when asked by Zainur the reason for dismissing the application.
On June 12 last year, Dr Mahathir testified in the RCI proceedings which were conducted behind closed doors and the RCI declassified its report issued on Dec 5, 2024.
The Royal Commission of Inquiry (RCI) to review the handling of matters relating to the sovereignty case involving Batu Puteh, Middle Rocks and South Ledge in a report circulated to Members of Parliament on Dec 5 last year recommended that a criminal investigation be initiated against Dr Mahathir.
The commission believes that Dr Mahathir may have deliberately encouraged the then Cabinet not to proceed with the applications for review and interpretation of the International Court of Justice (ICJ) rulings on the sovereignty of Batu Puteh (Pedra Branca), Middle Rocks and South Ledge despite the international negotiators’ opinion that there was a basis, and the applications had a probability of success.
On May 23, 2008, the ICJ ruled that Singapore has sovereignty over Batu Puteh, while Middle Rocks, located less than a kilometre from the island, belonged to Malaysia. The ownership of South Ledge, located about four kilometres from Batu Puteh, would be determined based on the maritime boundaries of the country that controls it.
On the 217-page report, the RCI among other things recommended that a criminal investigation could be initiated against Dr Mahathir under Section 415(b) of the Penal Code with potential penalties under Sections 417 and 418 of the same law upon conviction.
Dr Mahathir filed the judicial review application on June 5 last year naming eight respondents, including RCI Chairman Tun Md Raus Sharif and claiming that he was not allowed to be represented by his chosen lawyer at the RCI proceedings in addition to claiming that he had the right to be represented by his chosen lawyer in the investigation.
Dr Mahathir is seeking a declaration that he was the subject of the RCI investigation, or involved in the matter being investigated by the commission, and is seeking a mandamus order to allow him and his lawyer to be present throughout the RCI proceedings. — Bernama
