KUALA LUMPUR: The High Court here today fixed Oct 28 to decide on the judicial review application by Tun Dr Mahathir Mohamad to nullify the Royal Commission of Inquiry’s (RCI) proceedings on the handling of the Batu Puteh, Middle Rocks, and South Ledge sovereignty issues.
Judge Datuk Amarjeet Singh fixed the date after hearing arguments by the former premier’s lawyer Zainur Zakaria who was assisted by Muhammad Rafique Rashid Ali and senior federal counsel Shamsul Bolhassan who acted for the Attorney General’s Chamber.
Dr Mahathir filed the application on June 5, naming RCI chairman Tun Md Raus Sharif and his deputy Tan Sri Zainun Ali as the first and second respondents.
The third to eighth respondents are RCI members Datuk Dr Baljit Singh Sidhu and Datuk Dr Johan Shamsuddin Sabaruddin, Prof Datin Dr Faridah Jalil, Datuk Mohammed Ridha Ham Abd Kadir, Dickson Dollah and RCI Secretary Zamri Misman.
During today’s proceedings, Shamsul submitted that the matter is now academic as the inquiry has been completed and the report has been handed to the Yang di-Pertuan Agong Sultan Ibrahim on Aug 12.
“The findings are slated to be tabled and debated in Parliament in October,” said Shamsul.
However, Zainur argued that the matter is not academic just yet as Section 18 of the Commission of Enquiry Act 1950 (Act 119) is a statutory requirement and non-compliance can render the proceedings a nullity.
“My client was the subject matter of the inquiry, but he was not allowed to have legal representation in the closed-door RCI,” he said.
On June 12, Dr Mahathir testified before the commission after Judge Amarjeet dismissed the two-time former prime minister’s bid to stay the RCI proceedings.
