KUALA LUMPUR: Tun Dr Mahathir Mohamad failed in his bid to quash the Royal Commission of Inquiry's (RCI) decision to dismiss his application to terminate the chairman and a member of the commission.
Dr Mahathir had filed a leave application to initiate a judicial review to disqualify Tan Sri Mohd Sidek Hassan and Tan Sri Saw Choo Boon who are sitting as the RCI panel investigating Bank Negara Malaysia's (BNM) foreign exchange (forex) losses in the 1980s and 1990s.
In dismissing the Parti Pribumi Bersatu Malaysia chairman’s application, High Court judge Datin Azizah Nawawi ruled that the commission has no jurisdiction to disqualify its own panel members.
She made the decision after allowing objections raised by senior federal counsel Datuk Amarjeet Singh.
"Having considered the application and submission of both parties, I am of the considered opinion that the application does not meet the threshold requirements.
"As such, the RCI has no jurisdiction or power on the appointment or removal of its members," Azizah said in her decision in chambers today.
In her decision the judge also ruled that the composition of the RCI is limited to specific situations where the person appointed dies or resigns or desires to be discharged or refuses or becomes incapable of acting as provided under Section 4 of the Commissions of Inquiry Act 1950 (Act 119).
On Aug 9, Dr Mahathir filed an application for leave to quash the commission's Aug 8 decision dismissing his application to disqualify Petroliam Nasional Bhd chairman Mohd Sidek and Special Task Force on Facilitating Businesses co-chairman Saw from sitting as a panel member for the inquiry proceedings.
The application was filed on grounds that the two were earlier involved in the Special Task Force probing the case and had recommended to the Cabinet to set up the commission to investigate the BNM forex losses in the 1980s and 1990s
The former Prime Minister had also named the two, and the other panel members which comprised High Court judge Datuk Wira Kamaludin Md Said, Bursa Malaysia Bhd chief executive officer Datuk Seri Tajuddin Atan, Malaysian Institute of Accountants and Malaysian Institute of Certified Public Accountants member K. Puspanathan, the commission's secretary Datuk Dr Yusof Ismail and the government as respondents in his legal action.
The respondents were represented by Amarjeet.
Meanwhile outside the court, counsel Mohamed Haniff Khatri Abdulla who represented Dr Mahathir said they will file an appeal against the decision.
The next RCI proceedings is fixed for Aug 21.