The High Court here today dismissed without costs Tun Dr Mahathir Mohamad’s application to remove two people from sitting on the Royal Commission of Inquiry (RCI) examining the Bank Negara Malaysia (BNM) forex scandal from his administration.
Updated: Mahathir filed an appeal against the High Court’s decision which dismissed his application to remove two members of the RCI on BNM’s forex losses. The appeal was filed at 5.30pm on Thursday. On Friday, the Court of Appeal unanimously rejected Mahathir’s application.
“In relation to the application to quash the RCI’s decision not to remove two of its members, the judge was of the opinion that the RCI panel has no powers to remove or not to remove (members); so there’s no valid decision that has to be quashed because they have no powers,” Mahathir’s lawyer Mohamed Haniff Khatri Abdulla told reporters.
The decision was delivered in chambers by Kuala Lumpur High Court judge Datin Azizah Nawawi.
Mohamed Haniff revealed that the judge also said the High Court could not issue a mandamus order or court order to compel the Malaysian government or prime minister to immediately advise the Yang di-Pertuan Agong for the purpose of quashing the appointment of the two RCI members, as the prime minister is not considered a “public officer”.
On Aug 9, Mahathir sued to stop the RCI panel’s chairman, Tan Sri Mohd Sidek Hassan, and fellow commissioner Tan Sri Saw Choo Boon from sitting on the panel investigating the BNM forex scandal, citing the need to prevent prejudice and highlighting that they were previously on a special task force panel which recommended this RCI.
In his lawsuit, Mahathir sought a court order to quash the RCI panel’s decision on Aug 8 to not disqualify the duo and another court order to compel the government to immediately advise the Yang Di-Pertuan Agong to revoke or terminate royal consent for the duo’s appointment to the panel.
He also sought a court order to stop the commissioners from carrying out their roles or conducting the RCI proceedings until the end of the lawsuit.
Mohamed Haniff said he will seek instructions from his client on whether to file an appeal at the Court of Appeal.
The RCI panel is scheduled to conduct its first day of inquiry next Monday.
Related report: Aug 9, Bid to Discharge Two Members of RCI on BNM Forex Losses Dismissed