The High Court in Kuala Lumpur today dismissed an application made by Dr Mahathir Mohamad to recuse Justice Azizah Nawawi from hearing his challenge over the findings of last year's royal commission of inquiry into Bank Negara's currency exchange losses in the 1990s.

Justice Azizah said Mahathir had not shown any real danger of bias in the subject matter as it was different from his earlier challenge on the composition of the RCI which the same court presided over.

"The present application is challenging the findings of the RCI for failing to include in the report the entire notes of the proceedings including the oral testimonies.

"On the other hand, this court is minded of the dangers in abdicating its judicial function and duties if this court is to simply allow any application for recusal."

Justice Azizah then dismissed the application for recusal with no order as to costs.

Mahathir's lawyer Irwan Izwat Mohd Noor said the court fixed June 25 as case management and he would seek further instructions on whether to appeal.

Mahathir wanted to recuse Justice Azizah claiming bias as he said she had decided in another of Mahathir's challenge against the composition of the RCI members namely its chairperson Mohd Sidek Hassan and Saw Choo Boon which she dismissed.

Mahathir had filed for a judicial review last December naming all six members of the RCI - namely Sidek, Saw Choo Boon, Kamaludin Mohd Said, Tajuddin Atan, K Pushpanathan and Yusof Ismail - along with Prime Minister Najib Abdul Razak, the cabinet and the government as defendants.

Besides this case, Justice Azizah had also turned down Mahathir's two separate cases to remove Chief Justice Justice Md Raus Sharif and Court of Appeal president Justice Zulkefli Ahmad Makinudin from holding their posts past the mandatory constitutional retirement date of 66 years and six months.

In those two cases, Justice Azizah said Mahathir had no duty to advice in the revocation of those appointments.

Legal principles

This led to Mahathir's counsel Mohd Haniff Khatri Abdulla to argue that Justice Azizah should recuse herself from hearing the current case as there was a real danger of bias and partiality.

However, Justice Azizah in her decision today the said decisions or cases made before her are based on legal principles and Mahathir had also appealed against all the said decisions.

Mahathir is seeking a declaration that the RCI's forex losses report was not valid in law and unacceptable as it does not include all the witness statements or testimonies of those who had testified, including the written or oral requests in the form of transcripts or video recordings and the submissions made by the lawyers.

The RCI report released in November last year had concluded that Bank Negara lost RM31.5 billion due to speculation in the forex market between 1992 and 1994.

Among others, the report blamed Mahathir, his former deputy Anwar Ibrahim and former minister Nor Mohamed Yakcop for the losses.