KUALA LUMPUR: The High Court has struck out a suit by Prime Minister Tun Dr Mahathir Mohamad who is seeking to declare the Royal Commissions of Inquiry's (RCI) report on the forex losses suffered by Bank Negara in the 1990s as null and void.
High Court (Appellate and Special Powers) judge Justice Azizah Nawawi made the decision after allowing an application by the Attorney-General's Chambers (AGC) to strike out the suit on Monday (Dec 17).
Dr Mahathir's counsel Mohamed Haniff Khatri Abdulla said the court made the order on the grounds that the decision by RCI could not be challenged.
"Therefore, the defendants' application (to strike out the suit) has been allowed without hearing the merits of Dr Mahathir's suit," Mohamed Haniff said when approached by reporters after meeting Justice Azizah in chambers.
He also said he would discuss with his client whether to file an appeal or not.
Senior Federal Counsel Mazlifah Ayob was from the AGC.
Dr Mahathir has named the panel members Tan Sri Mohd Sidek Hassan, Datuk Kamaludin Md Said, Datuk Seri Tajuddin Atan, Tan Sri Saw Choo Boon, S.A.K. Pushpanathan, RCI secretary Datuk Dr Yusof Ismail, then Prime Minister Datuk Seri Najib Tun Razak, Cabinet ministers, and the Malaysian Government as defendants in his suit.
In the suit filed on Dec 19 last year, Dr Mahathir said the report was illegal, incomplete and defective as it lacked proceeding notes, and written and oral submissions through transcription or video recording.
He also sought to declare that any reports by any RCIs established under the Commission of Inquiry Act 1950 are only legal and in order if they have all the written statements by the witnesses who testified in the proceeding, the proceeding notes, the submissions, and the findings.
On Oct 13 last year, Mohd Sidek, who was the RCI chairman, presented the RCI findings on Bank Negara Malaysia’s forex trading losses to Yang di-Pertuan Agong Sultan Muhammad V during a meeting.
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