Selangor Journal
Former prime minister Tun Dr Mahathir Mohamad speaks to Reuters during an interview in Kuala Lumpur on October 16, 2020. — Picture by REUTERS

Mahathir fails bid to attend Batu Puteh RCI proceedings

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 on the handling of the Batu Puteh, Middle Rocks, and South Ledge sovereignty issues.

Judge Datuk Amarjeet Singh dismissed the application without costs at a session 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 why he dismissed the application.

On June 12 last year, Dr Mahathir testified in closed-doors RCI proceedings, and the RCI declassified its report issued on December 5, 2024.

The RCI to review the handling of matters on the sovereignty of Batu Puteh, Middle Rocks and South Ledge, in a report circulated to MPs on December 5 last year, recommended a criminal investigation be initiated against Dr Mahathir.

The commission believes 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, 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 1km from the island, belonged to Malaysia. The ownership of South Ledge, located about 4km from Batu Puteh, would be determined based on the maritime boundaries of the country that controls it.

In the 217-page report, the RCI recommended a criminal investigation 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 he was not allowed to be represented by his chosen lawyer at the RCI proceedings in addition to claiming he had the right to be represented by his chosen lawyer in the probe.

Dr Mahathir is seeking a declaration he was the subject of the RCI probe, 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

Top Picks

Ringgit closes lower versus US dollar on import tariff concerns

Editor Selangor Journal

Turkiye to strengthen ties with Malaysia via technological cooperation, joint production — Erdoğan

Editor Selangor Journal

Flood victims continue to drop in Sabah, Sarawak

Editor Selangor Journal