Mahathir’s lawyer, Rafique Rashid Ali, told FMT that the notice was filed at the High Court in Kuala Lumpur yesterday.

In a statement, Rafique said his client believes the appeal is essential to clarify the legal position on the matter and to serve as a reference for others in the future.

He said Section 18 of the Commissions of Inquiry Act 1950 gives the right to any party whose interests or conduct are the subject of any RCI to be represented by a lawyer or personally present throughout the proceedings.

“This appeal is also necessary to affirm that Mahathir has not concealed any information regarding Batu Puteh, and to uphold his assertion that, at all relevant times, he was a political target of the current government,” he added.

On Jan 13, the High Court denied Mahathir the right to be present, either personally or through his lawyers, at the hearing of the Batu Puteh RCI.

Justice Amarjeet Singh did not provide reasons for his ruling in proceedings, but said he would give his grounds of judgment in due course.

Amarjeet had, on June 12, granted Mahathir leave to commence judicial review proceedings to assert his right to legal representation throughout the RCI proceedings.

During the inter-partes hearing which took place last year, lawyer Zainur Zakaria, appearing for Mahathir, submitted that the inquiry had violated Section 18 of the Commission of Inquiry Act.

Senior federal counsel Shamsul Bolhassan however said Mahathir’s application was academic as the RCI’s report had already been submitted to the king.

The RCI’s report was declassified and released on the Parliament website on Dec 5, although several of its recommendations were redacted.

The report recommended that a police report be filed against Mahathir for cheating to enable a criminal investigation to take place.