This comes after the High Court’s decision to dismiss former prime minister Dr Mahathir Mohamad’s bid to obtain leave in his bid to remove panel chairman Sidek Hassan and member Saw Choo Boon.
Justice Azizah Nawawi held that the RCI members have no powers to remove themselves and thus, there could be no formal decision on their recusal.
The judge also held that the court cannot give the mandamus order sought by Mahathir, that is the order to compel the government to advise the King to revoke the two men’s appointment, as the mandamus order was meant for civil servants and not the government itself.
No order was made for cost.
On Monday, the government raised an objection against Mahathir’s leave application for judicial review to challenge the RCI composition, saying that Mahathir has no right to get a court review and that the decision of the panel could not be subjected to a court review.
Speaking to reporters after the court decision in chambers, Mahathir’s lawyer Haniff Khatri Abdulla said that they will file an appeal over the dismissal today.
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.
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, the other members of 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.