High Court dismisses Tun M's application to recuse judge

KUALA LUMPUR: The High Court has dismissed the application by Prime Minister Tun Dr Mahathir Mohamad to recuse High Court judge Datuk Azizah Nawawi from hearing his suit on the findings of the Royal Commission of Inquiry (RCI) into Bank Negara's currency exchange losses in the 1990s.
The judge determined the "real danger of bias" has not been made out for this case as the subject matter for this case is different from the RCI case.
"In the RCI case, the issue was on the member composition of the RCI, whereas the present application is challenging the findings of the RCI for failing to include the entire notes of the proceedings including the oral statements of witnesses, all applications (written or oral) made by the parties and the entire submission of the parties," she said in her judgement delivered in chambers.
The court ruled against the plaintiff in all three previous cases, ruling that the decisions were based on the legal principles in Malaysia.
"The court is mindful of the dangers in abdicating its judicial function and duties if the court is to simply allow any application for a recusal."
Mahathir was represented by Mohd Irzan Iswatt Mohd Noor while Noor Fadzila Ishak represented the defendants.
Last year, Azizah dismissed an application for leave to commence a judicial review by Mahathir to disqualify the appointment of RCI chairman Tan Sri Mohd Sidek Hassan and one of the members, Tan Sri Saw Choo Boon.
Dr Mahathir filed the application on grounds that the RCI had breached natural justice as Mohd Sidek and Saw were also members of a task force responsible for the investigation that forwarded a recommendation to advise the cabinet to form the RCI.
He filed the suit in December last year to declare the RCI report illegitimate as it does not contain all the documents that were brought up in the inquiry last year.