Mahathir files suit to declare RCI report illegal


KUALA LUMPUR: Dr Mahathir Mohamad has filed a suit to declare the report by the Royal Commission of Inquiry (RCI) on Bank Negara Malaysia’s forex trading losses as null and void as it excludes legal documents of witnesses and notes of proceedings.

The former prime minister, in his originating summons filed in the High Court Registry here today, said oral evidence by witnesses, in the form of a written transcript or video recording, was not attached in the report.

He said the report also failed to include written submissions and legal authorities submitted by lawyers after the hearing.

Mahathir, who named the five-man RCI members led by Mohd Sidek Hassan, Prime Minister Najib Razak, the cabinet and the government as defendants, said they were made parties for their failure or omission to include the documents in the report.

Mahathir, who claims the RCI was formed for an ulterior motive since he was now with the opposition, is seeking costs and other relief deemed fit by the court.

Lawyer Mohamed Haniff Khatri Abdulla, who represented Mahathir in the hearing, had earlier this month said documents like “talking points” during the inquiry, written submissions by his client, together with case laws in support of their argument and the entire RCI notes of proceedings, were not there.

He said all these documents must be in the report for readers to analyse the RCI’s findings and make their own conclusions.

He had written a letter to tribunal secretary Yusof Ismail on Dec 4 to include 495 pages of Mahathir’s legal documents and transcript of the hearing in both English and Bahasa Malaysia by Dec 8.

Haniff had said any further printing and circulation of the report should cease until the matter was rectified.

The RCI concluded there were elements of hidden facts and information relating to forex losses suffered by Bank Negara and misleading statements given to the cabinet, Parliament and the public.

The report said Bank Negara suffered a total loss of RM31.5 billion between 1992 and 1994.

The commission proposed that the police open investigations into possible criminal breach of trust or cheating by various parties, including Mahathir and then finance minister (1991-1998) Anwar Ibrahim.

Special mention was made of ex-Bank Negara adviser Nor Mohamed Yakcop, whom the report named as “principally liable for criminal breach of trust”, while Daim Zainuddin, another former finance minister (1984-1991), was said to have aided and abetted Nor Mohamed.