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Hearing Of Tun Mahathir’s Appeal To Attend Batu Puteh RCI Proceedings Postponed

Kuala lumpur:<Text>

The hearing of Tun Dr Mahathir Mohamad's appeal against the High Court's decision dismissing his application for judicial review to allow him and his lawyer to appear in the proceedings of the Royal Commission of Inquiry (RCI) regarding the handling of the Batu Puteh, Middle Rocks, and South Ledge sovereignty issues has been postponed to another date.

According to BERNAMA News Agency, Dr Mahathir's lawyer, Muhammad Rafique Rashid Ali, stated that the hearing was initially scheduled for today at the Court of Appeal. However, the appellant requested a postponement due to the lead counsel, Zainur Zakaria, recovering from a recent medical procedure. The Attorney General's Chambers did not object to this adjournment request.

The case is now set for case management via e-review on February 6, to establish a new hearing date. Previously, on January 13 of last year, the High Court dismissed Dr Mahathir's judicial review application aimed at allowi ng him and his lawyer to be present during the RCI proceedings.

On June 12, 2024, Dr Mahathir testified before the RCI, which was conducted in camera. The RCI's report, later declassified on December 5, 2024, suggested that Dr Mahathir may have advised the Cabinet not to pursue two legal applications despite international consultants advising a reasonable prospect of success.

These applications were related to a request to review and interpret the International Court of Justice (ICJ) decision dated May 23, 2008, which awarded sovereignty of Batu Puteh to Singapore, while Middle Rocks was deemed Malaysian territory. The ICJ also stated that the ownership of South Ledge would depend on the territorial waters' delimitation.

The RCI's 217-page report further recommended a criminal investigation against Dr Mahathir under Section 415(b) of the Penal Code, with potential punishment under sections 417 and 418.

On July 22, 2025, Prime Minister Dat uk Seri Anwar Ibrahim announced that the government would not take action against Dr Mahathir concerning the sovereignty issue raised in the RCI due to age-related considerations.

Dr Mahathir had filed the judicial review on June 5 last year, naming eight respondents, including RCI Chairman Tun Md Raus Sharif. He claimed his right to be represented by his chosen lawyer was denied and sought a declaration confirming his involvement in the RCI investigation, along with a mandamus order to allow his and his lawyer's presence throughout the RCI proceedings.

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