The Court of Appeal in Putrajaya adjourned the hearing of former prime minister Tun Dr Mahathir Mohamad’s appeal after his legal team indicated an intent to introduce the Pulau Batu Puteh Royal Commission of Inquiry report as fresh evidence. The three-member appellate bench, comprising Datuk Azizul Azmi Adnan, Datuk Ong Chee Kwan, and Datuk Seri Mohd Radzi Harun, granted Dr Mahathir’s lawyer, Zainur Zakaria, a period of two weeks to officially file the application. Additionally, the court scheduled Sept 10 for case management to determine a future date for the continuation of the appeal proceedings.
Court of Appeal Adjourns Tun Dr Mahathir’s Hearing
Legal Arguments Over Representation and Natural Justice
During the court session, The Edge Malaysia argued alongside co-counsel Rafique Rashid Ali that the RCI’s decision to deny Dr Mahathir legal representation and presence throughout its closed-door sessions violated due process and natural justice. The defense contended that this restriction breached Section 18 of the Royal Commission of Enquiry Act 1950, which stipulates that any individual whose conduct is under scrutiny or who is implicated in the inquiry is entitled to an advocate throughout the proceedings. Zainur noted that the RCI ultimately reached adverse conclusions against Dr Mahathir—alleging that he misled the Cabinet and was responsible for the loss of Pulau Batu Puteh—while terms of reference initially indicated the panel was not tasked with finding fault.
Response from the Attorney General’s Chambers
Representing eight respondents, including RCI Chairman Tun Md Raus Sharif, senior federal counsel Shamsul Bolhassan strongly objected to the application. He argued that the court could not take judicial notice of the report or permit its introduction as fresh evidence, noting that the findings had already been formally submitted to the Yang-di-Pertuan Agong. Furthermore, the Attorney General’s Chambers maintained that the appeal regarding the judicial review should be treated as academic since the RCI had already concluded its mandate and the court could not reconvene the commission.
Background of the Batu Puteh Sovereignty Dispute
The ongoing legal conflict stems from historical territorial determinations and subsequent policy decisions. On May 23, 2008, the International Court of Justice ruled that Singapore held sovereignty over Batu Puteh, whereas Middle Rocks belonged to Malaysia, with South Ledge’s ownership dependent on maritime boundaries. On Feb 14, 2024, a Royal Commission of Inquiry was established to investigate Dr Mahathir’s decision to withdraw an application reviewing the ICJ ruling. Dr Mahathir testified before the commission on June 12, 2024. Commissioners delivered their report to the Yang-di-Pertuan Agong on Aug 12, 2024, and the document was subsequently declassified and released to the public on Dec 5, 2024.
Prior Judicial Review and Subsequent Government Stance
Dr Mahathir initially filed his judicial review application on June 5, 2024, seeking a mandamus order to compel the RCI to allow him and his legal counsel to attend all proceedings. Although High Court judge Datuk Amarjeet Singh Serjit Singh granted leave for the challenge on June 12, 2024, the High Court ultimately dismissed the application on Jan 13, 2025, ruling that Dr Mahathir was not the subject matter of the inquiry. The former prime minister subsequently appealed that dismissal. Despite the RCI report concluding that criminal investigations should be initiated under the Penal Code, Prime Minister Datuk Seri Anwar Ibrahim announced on July 22, 2025, that the government had decided against taking action against Dr Mahathir due to age-related considerations.
