PUTRAJAYA, Aug 18 — Tun Dr Mahathir Mohamad would testify before the royal inquiry on a financial scandal from his administration if called, his lawyer said after the former prime minister lost his latest attempt to prevent the panel from proceeding.

Lawyer Mohamed Haniff Khatri Abdulla said, however, that the Royal Commission of Inquiry (RCI) probing Bank Negara Malaysia’s alleged currency trading losses has not indicated if Dr Mahathir will be a witness.

"Until today, the RCI has not — for reasons deemed fit to them — written to Tun Dr Mahathir to seek his attendance in the RCI,” he told reporters here.

Mohamed Haniff said Dr Mahathir's legal team last week wrote to ask the RCI panel for the list of witnesses and copies of documents that would be used for the proceedings that will start next Monday.

The panel has not responded, he said.

Mohamed Haniff explained that Dr Mahathir's bid today for the courts to temporarily freeze the RCI proceedings was merely to prevent the latter's appeal from becoming academic.

He insisted it was not an attempt to prevent the RCI from conducting its investigations, but to ensure that its proceedings were fair and just.

Dr Mahathir also gave standing instructions for his lawyers to attend the hearings, Mohamed Haniff added.

"The stay application here is not to avoid attending the RCI, he is ever ready at all times to attend and testify if the RCI needs his testimony,” he said.

Earlier today, the Court of Appeal dismissed Dr Mahathir's application to stay the RCI proceedings that it felt should continue due to public interest.

Mohamed Haniff confirmed they will not appeal today’s decision, but said will seek to expedite an appeal at the Court of Appeal against the High Court's refusal yesterday to hear Dr Mahathir's bid to remove two RCI members.

Mohamed Haniff said the RCI proceedings may have to be suspended midway if the appeal is successful, but said Dr Mahathir's appeal would have no legal effect if it was allowed after the RCI panel concludes its inquiry and submits its report to the Yang di-Pertuan Agong.

Dr Mahathir was the prime minister when the central bank was alleged to have incurred billions of ringgit of foreign exchange (forex) losses in the 90s, an issue that will be examined by this RCI panel in 10 scheduled days of hearings within these two months (August 21, 24, 29, 30 and September 6, 7, 18, 19, 20, 21.).

The RCI panel has to complete its inquiry based on five terms of reference within three months and plans to submit its report to the Yang di-Pertuan Agong by the scheduled date of October 13.