16 December 2017, Saturday | 06:58pm

Court to hear Dr M’s lawsuit to disqualify RCI duo next Tuesday

2017-08-11

Lawyer Mohamed Haniff Khatri Abdulla said his law firm received the sealed copy of Dr Mahathir’s application for leave for judicial review today, with the hearing date already fixed. — Picture by Miera Zulyana

KUALA LUMPUR, August 10  — Tun Dr Mahathir Mohamad’s court bid to remove two individuals from a Royal Commission of Inquiry (RCI) panel probing an alleged financial scandal in the 1990s will be heard next Tuesday, his lawyer confirmed.

Lawyer Mohamed Haniff Khatri Abdulla said his law firm received the sealed copy of Dr Mahathir’s application for leave for judicial review today, with the hearing date already fixed.

“In relation to the challenge regarding the Royal Commission of Inquiry (RCI) panel, it has been fixed for hearing before the judge in chambers on Tuesday, 15.08.2017 at 9am,” he said in a statement today.

Mohamed Haniff told Malay Mail Online that the Kuala Lumpur High Court judge hearing the bid for judicial review will be Datin Azizah Nawawi.

The hearing date is just six days away from when the RCI panel is scheduled to conduct its first day of inquiry. Those who file a legal challenge via judicial review will first have to get the courts’ nod or leave before it is actually heard on its merits.

Yesterday, Dr Mahathir filed a lawsuit 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 probing a 23-year-old alleged financial 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, Dr Mahathir is seeking a court order to quash the RCI panel’s Tuesday decision 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.

Dr Mahathir, now the chairman of opposition pact Pakatan Harapan, 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.

Dr Mahathir was the prime minister during the 1990s when Bank Negara Malaysia (BNM) was alleged to have incurred billions of ringgit of foreign exchange (forex) losses — an issue that will be examined by this RCI panel in 10 scheduled days of hearings within these two months (August 21, 24, 29, 30 and September 6, 7, 18, 19, 20, 21.).

The RCI panel has to complete its inquiry based on five terms of reference within three months and plans to submit its report to the Yang di-Pertuan Agong by the scheduled date of October 13.

The seven respondents sued by Dr Mahathir in the lawsuit filed at the Kuala Lumpur High Court this afternoon are Mohd Sidek, Saw, their three fellow commissioners Datuk Kamaludin Md Said, Datuk Seri Tajuddin Atan, Pushpanathan S.A Kanagarayar, the RCI secretary Datuk Yusof Ismail and the government of Malaysia.

As for another lawsuit by Dr Mahathir to push for the Chief Justice’s removal, it has been fixed for case management in chambers before Kuala Lumpur High Court judge Datuk Kamaludin Md Said on August 17, Mohamed Haniff said.

 

Source: TheMalayMail/ http://bit.ly/2uLuGZc

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