KUALA LUMPUR: The High Court here has dismissed Tun Dr Mahathir Mohamad's judicial review application seeking permission for him and his lawyer to be present during the Royal Commission of Inquiry (RCI) proceedings concerning the Batu Puteh, Middle Rocks, and South Ledge sovereignty issues.
Justice Amarjeet Singh made the dismissal during a brief session on Monday (Jan 13).
"I will write the full judgment in a short time," the judge stated.
The court made no order as to costs.
Lawyers Zainur Zakaria and Muhammad Rafique Rashid Ali represented Dr Mahathir, while Senior Federal Counsels Shamsul Bolhassan and Nur Hafizza Azizan represented the respondents.
Previously, on June 12, 2024, the same court dismissed Dr Mahathir's leave application for a judicial review in his effort to seek open proceedings for the RCI on the Batu Puteh, Middle Rocks, and South Ledge sovereignty issue.
Justice Amarjeet dismissed Dr Mahathir's application to prohibit Tun Md Raus Sharif from acting as the RCI chairman and to prevent Datuk Dr Baljit Singh Sidhu and Datuk Mohammed Ridha Abd Kadir from being RCI members.
The court also denied Dr Mahathir's request to postpone the RCI proceedings until the final resolution of the judicial review application.
However, the court granted leave to Dr Mahathir to discuss whether the ex-prime minister had the right to have lawyers represent him and to be present at the RCI proceedings.
On the same day (June 12, 2024), Dr Mahathir provided testimony during a closed RCI session.
On Dec 5, 2024, a declassified report tabled in Parliament recommended a criminal investigation against Dr Mahathir over the loss of Batu Puteh.
The commission believes Dr Mahathir may have deliberately persuaded the then Cabinet not to proceed with applications for review and interpretation of the International Court of Justice (ICJ) rulings on the sovereignty of Batu Puteh, Middle Rocks, and South Ledge despite international negotiators' opinions that there was a basis for success.
On May 23, 2008, the ICJ ruled that Singapore has sovereignty over Batu Puteh, while Middle Rocks, less than a kilometre from the island, belongs 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.
