Court of Appeal adjourns Mahathir’s appeal after lawyer seeks to introduce the Pulau Batu Puteh RCI report as fresh evidence
PUTRAJAYA: The Court of Appeal here today adjourned the hearing of former prime minister Tun Dr Mahathir Mohamad’s appeal after his lawyer indicated that he would file an application to adduce the Pulau Batu Puteh Royal Commission of Inquiry (RCI) report as fresh evidence in the appeal.
The three-member bench comprising Datuk Azizul Azmi Adnan, Datuk Ong Chee Kwan and Datuk Seri Mohd Radzi Harun allowed Dr Mahathir’s lawyer, Zainur Zakaria, two weeks to file the application.
The court also fixed Sept 10 for case management to set a date for continuation of the appeal hearing.
During the proceedings, Zainur argued that the findings of the RCI had implicated Dr Mahathir as being the person responsible for the loss of the Pulau Batu Puteh and had also recommended that prosecution be initiated against his client.
He said when the High Court judge decided on his client’s judicial review application, the RCI report was not available.
However, senior federal counsel Shamsul Bolhassan, representing eight respondents, including RCI Chairman Tun Md Raus Sharif, said the court could not take judicial notice of the report or allow Dr Mahathir’s lawyer to introduce the report as fresh evidence.
He said the findings of the RCI had already been presented and submitted to the Yang-di-Pertuan Agong.
Dr Mahathir is appealing against the High Court’s decision on Jan 13, 2025, which dismissed his judicial review application seeking a mandamus order to compel the RCI to allow him and his counsel to attend the RCI proceedings.
In the judicial review application filed in 2024, Dr Mahathir claimed that he had requested to attend the entire duration of the RCI proceedings with his counsel pursuant to Section 18 of the Commission of Enquiry Act 1950, but his request was rejected.
On May 23, 2008, the International Court of Justice (ICJ) ruled that Singapore has sovereignty over Batu Puteh, while Middle Rocks, less than a kilometre from the island, belonged to Malaysia. The ownership of South Ledge, about four kilometres from Batu Puteh, would be determined based on the maritime boundaries of the controlling country.
On Feb 14, 2024, the RCI was set up to inquire into Dr Mahathir’s decision to withdraw an application to review the ICJ’s decision. On June 12, 2024, Dr Mahathir testified in the RCI proceedings, which were conducted behind closed doors.
The Commissioners concluded the inquiry and handed their report to the Yang-di-Pertuan Agong on Aug 12, 2024. The RCI later declassified its report issued on Dec 5, 2024.
