KUALA LUMPUR: The Royal Commission of Inquiry (RCI) proceedings into Batu Puteh, Middle Rocks, and South Ledge will continue to be heard before its present panel behind closed doors.
This comes after High Court Judge Datuk Amarjeet Singh dismissed former prime minister Tun Dr Mahathir Mohamad's judicial review application on several matters relating to the ongoing proceedings, which are also slated to resume today.
Dr Mahathir is seeking the recusal of Tun Md Raus Sharif (RCI chairman), Datuk Dr Baljit Singh Sidhu (RCI commissioner) and Datuk Mohammed Ridha Abdul Kadir (RCI commissioner) due to alleged conflict of interest.
The former Parti Pribumi Bersatu Malaysia chairman also wanted the proceedings to be open to the public and to bring along his lawyers when he testified in the proceedings.
Amarjeet, in his ruling, also dismissed Dr Mahathir's judicial review application to postpone the RCI proceedings until the final resolution of the application.
However, the court allowed the veteran politician's application to initiate judicial review proceedings for an order compelling the RCI to allow him and his lawyer to be present throughout the proceedings.
Counsel Muhammad Rafique Rashid Ali, when met after the proceedings said they might file an appeal against the decision soon.
He said Dr Mahathir would testify before a seven-member panel at the RCI proceedings at 11am at the Legal Affairs Division Building (BHEUU) in Putrajaya.
Senior federal counsels Shamsul Bolhassan and Ahmad Hanir Hambaly appeared for the Attorney-General's Chambers.
In his supporting affidavit, Dr Mahathir said the RCI's decision to not open the proceedings to the public was unreasonable.
Dr Mahathir said Md Raus's appointment as RCI chairman posed a "real danger of bias" due to existing animosity between Md Raus and himself, which could affect Md Raus's impartiality in making decisions for the RCI proceedings.
Dr Mahathir is seeking a declaration that he is an individual involved in or related to the matter being investigated by the RCI under Section 18 of the Commissions of Inquiry Act 1950 (Act 119).
On Feb 14, His Majesty Sultan Ibrahim, King of Malaysia, gave his consent to the establishment of an RCI into the issue.
In 2022, then prime minister Datuk Seri Ismail Sabri Yaakob said there was possible negligence and oversight on Dr Mahathir's part over the Batu Puteh claim.
Ismail Sabri said the cabinet had been told by the special task force for the case that Dr Mahathir may have erred in withdrawing an application to review the International Court of Justice's award of Batu Puteh's sovereignty to Singapore.
Dr Mahathir subsequently said the withdrawal of the appeal was based on former attorney-general Tan Sri Mohamed Apandi Ali's officers' advice.
In 2008, the ICJ ruled that Batu Puteh belonged to Singapore, Middle Rocks to Malaysia, and South Ledge to the state in the territorial waters in which it is located.
In June 2017, Malaysia applied to the ICJ to request an interpretation of the judgment.
In 2018, the Pakatan Harapan government, under the leadership of Dr Mahathir, withdrew the application.
