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Kemuka keterangan baharu, mahkamah tangguh rayuan RCI Batu Puteh Dr M

Peguam bekas perdana menteri mahu kemuka laporan RCI itu sebagai keterangan baharu dalam kes cabaran penafian hak diwakili peguam.

Kemuka keterangan baharu, mahkamah tangguh rayuan RCI Batu Puteh Dr M

In June 2024, the Malaysian High Court granted permission to former Prime Minister Dr Mahathir Mohamad to file a motion for permission to be represented by a lawyer throughout the Royal Malaysian Anti-Corruption Commission (RCI) Batu Puteh inquiry. However, the Federal Court recently denied Dr Mahathir's appeal against the RCI's decision to deny him the right to be represented by a lawyer during the proceedings, according to The Edge.

Dr Mahathir's lawyers, Zainur Zakaria and Rafique Rashid Ali, informed the court that they wish to present the RCI's report as fresh evidence in their appeal. The three-judge panel, consisting of Azizul Azmi Adnan, Ong Chee Kwan, and Radzi Harun, subsequently set a hearing date for September 10, granting two weeks for the lawyers to file the report. The panel also included judges Ong Chee Kwan and Radzi Harun.

Mahathir challenged the RCI's decision, arguing that it violated his right to obtain legal representation under the Royal Malaysian Anti-Corruption Act 1950. The High Court ruled in Mahathir's favor in June 2024 to initiate the motion for permission to be represented by a lawyer in the inquiry. However, in January of the same year, the High Court dismissed his motion to challenge the RCI's decision to bar him or his lawyers from attending the proceedings.

No cost was specified, and no order was made regarding the cost at the time of the examination. During the oral hearing in 2024, Zainur argued that the anti-corruption commission violated Section 18 of the Royal Malaysian Anti-Corruption Act 1950. Section 18 provides any individual, or any person involved and interested in the matter under investigation, the right to be represented by a lawyer during the inquiry proceedings.

Zainur stated that Mahathir should be allowed to appear and be represented by a lawyer because he is the main subject of the inquiry. "Ignoring this provision makes the proceedings invalid, rendering the report submitted to the Yang di-Pertuan Agong invalid and ineffective," he said.

However, Federal Court Senior Counsel Shamsul Bolhassan argued that Mahathir's appeal was academic because the RCI's report had already been submitted to the Agong. The RCI's report was classified and published on the Parliament website on December 5, 2024, despite several sections of it being withheld.

Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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