Mahathir’s lawyer Haniff Khatri Abdulla said the government, represented by senior federal counsel Amerjeet Singh, raised a preliminary objection, saying the PPBM chairman had no right to ask for a court review.
“They said he does not fulfill the orders for certiorari (to quash the RCI decision on Aug 8 not to remove chairman Sidek Hassan and Saw Choo Boon) and mandamus (to compel the government to advise the king to revoke the appointments of Sidek and Saw),” he told reporters after a one- hour hearing in chambers at the High Court here before Justice Azizah Nawawi.
The government also said that the decision of the panel could not be subjected to a court review.
In response, Haniff argued that Mahathir had the right to start the judicial review proceedings.
Justice Azizah, after hearing the arguments by Mahathir’s lawyers and Amarjeet, fixed Aug 17 for decision.
Last Wednesday, Mahathir filed a judicial review leave application, seeking to quash the RCI’s refusal to remove Sidek and Saw from the tribunal.
He also sought a mandamus order from the court to compel the government to advise the king to revoke Sidek and Saw’s appointments to the RCI.
In addition, Mahathir asked that the five-member RCI panel be suspended from sitting pending the outcome of the court decision.
He claimed the RCI composition was a breach of natural justice as Sidek and Saw were previously members of another task force that had conducted a preliminary investigation into the losses suffered by the central bank in the 1990s.
On the first day of the RCI hearing last Monday, both Sidek and Saw refused to disqualify themselves, saying they had been appointed by the King.
The RCI, which was set up on July 1, aims to:
- determine the authenticity of the allegation on the forex losses suffered by BNM in the 1990s and its implications on the national economy;
- determine whether BNM’s involvement in the forex activities which caused the losses contradicted with the Central Bank Ordinance 1958 or any relevant laws;
- determine whether there were elements of hidden facts and information relating to forex losses suffered by BNM and misleading statements given to the cabinet, parliament and the public;
- recommend suitable action to be taken against those found to be directly and/or indirectly involved in causing the losses and hiding the facts and information on the losses, and;
- recommend appropriate measures to ensure the incident will not recur.
Apart from Sidek and Saw, who is Special Task Force on Facilitating Business co-chairman, others in the tribunal are High Court judge Kamaludin Md Said, Bursa Malaysia Berhad chief executive officer Tajuddin Atan, and member of the Malaysian Institute of Accountants and the Malaysian Institute of Certified Public Accountants, Pushpanathan S A Kanagarayar.
On a separate issue, Haniff said they had written to RCI secretary Yusof Ismail last Friday to ask for the list of witnesses and relevant documents for the proceedings next week, but had yet to receive a response.