Court adjourns Dr M’s Batu Puteh RCI appeal to allow new evidence

In June 2024, the Kuala Lumpur High Court granted Dr Mahathir Mohamad permission to begin a judicial review application to assert his entitlement to legal representation during an RCI into Batu Puteh. The Court of Appeal has now adjourned Dr Mahathir’s appeal against the Batu Puteh royal commission of inquiry (RCI) decision to deny him legal representation during its proceedings, pending submission of the RCI report as new evidence.

Mahathir’s legal team, Zainur Zakaria and Rafique Rashid Ali, requested the court to fix September 10 for case management, allowing two weeks to file the report. The three-judge bench, including Justice Azizul Azmi Adnan, Ong Chee Kwan, and Radzi Harun, also determined the lawyers have two weeks to submit the RCI report. Dr Mahathir is contesting the RCI's decision to exclude him and his lawyers from its proceedings, claiming it violated his right to legal representation under the Royal Commissions of Enquiry Act 1950.

Although the High Court had granted Mahathir leave to commence the judicial review in June 2024, it dismissed his application in January 2025, deeming the proceedings null and void due to the breach of Section 18 of the RCI Act 1950. This section mandates that any individual implicated in the inquiry be entitled to representation by an advocate throughout the process.

Zainur argued Mahathir should have been permitted to attend and be represented by his lawyers as he was the subject of the inquiry. However, Senior federal counsel Shamsul Bolhassan contended that Mahathir's application was moot, as the RCI's report had already been submitted to the king. The declassified report was released on the Parliament's website on December 5, 2024, with several recommendations redacted.