KUALA LUMPUR: The Attorney-General’s Chambers has applied to strike out an originating summons filed by Tun Dr Mahathir Mohamad to declare the Royal Commission of Inquiry (RCI) report into foreign exchange losses suffered by Bank Negara Malaysia in the 1990s null and void.
Senior Federal Counsel Mazlifah Ayob said the application was made on the grounds that Dr Mahathir as plaintiff had no reasonable cause of action and that the court could not act against the commission.
“The court has set April 19 for hearing of the application,” she said after case management in the chambers of High Court judge Datuk Azizah Nawawi.
Dr Mahathir had filed the originating summons on Dec 19 last year, naming RCI chairman Tan Sri Mohd Sidek Hassan and members Datuk Kamaludin Md Said, Datuk Seri Tajuddin Atan, Tan Sri Saw Choon Boon, K. Pushpanathanan, Datuk Dr Yusof Ismail as defendants.
Also named as defendants were Prime Minister Datuk Seri Najib Razak, the cabinet and the government.
In the summons, Dr Mahathir sought to declare any reports by the RCI set up under the Royal Commission of Inquiry Act 1950 was only legal and in order if it had all the written statements by the witnesses who testified in the proceeding, the proceeding notes, the submissions and the findings.
He had claimed the report was illegal, incomplete and defective as it lacked proceeding notes, and written and oral submissions through transcription or video recording.