The prospect of Dr. Mahathir Mohamad facing an arrest warrant looms if he fails to comply with a summons to appear before the royal commission of inquiry (RCI) investigating issues related to Batu Puteh, Batuan Tengah, and Tubir Selatan. According to SN Nair, a lawyer well-versed in such matters, Section 8 of the Commission of Inquiry Act empowers commissioners to summon individuals to testify or provide documents, with the ability to issue arrest warrants to ensure compliance.
Mahathir's lawyer, Rafique Rashid Ali, recently stated that Mahathir might abstain from RCI proceedings as long as former Chief Justice Raus Sharif chairs it, citing Raus's alleged bias due to a past legal dispute between Mahathir and Raus. Rafique explained that Mahathir had challenged Raus's appointment as an additional judge of the Federal Court beyond the retirement age stipulated in the Constitution. Rafique also highlighted a meeting between Mahathir and Raus in May 2018, where Raus expressed his intent to resign as chief justice. Subsequently, Raus tendered his resignation, which was accepted in June 2018.
The RCI was formed to investigate the Mahathir administration's decision in May 2018 to withdraw two applications seeking a review of the International Court of Justice's (ICJ) decision regarding Batu Puteh, which favored Singapore. Lawyer A Srimurugan emphasized that despite the government's undisclosed RCI terms of reference, Mahathir's involvement in the decision to withdraw the applications makes him a likely witness.
The withdrawal of the ICJ applications, as defended by Putrajaya in response to a civil suit by Hatta Sanuri, was purportedly based on advice from foreign legal consultants. This decision is a focal point of the RCI, prompting the need for Mahathir's testimony.
The legal framework governing RCIs is clear: failure to comply with a summons can lead to an arrest warrant. Mahathir's stance on attending the RCI, particularly in light of his legal history with Raus, adds complexity to the situation. However, the potential consequences of non-attendance underscore the seriousness of the matter.
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