KUALA LUMPUR: Tan Sri Mohamed Apandi Ali’s RM2.2 million suit against Tun Dr Mahathir Mohamad and the Government of Malaysia over his termination as Attorney-General (AG) has been fixed for case management on Nov 13.
According to the e-filing system, the case management will be held before deputy registrar of the High Court Norhatini Abd Hamid.
Mohamed Apandi, when contacted, confirmed the matter.
On Oct 13, Mohamed Apandi filed the legal suit to seek among others a declaration that his termination as the AG by the former Prime Minister was unlawful.
He named Dr Mahathir and the Government as the first and second defendants.
In his statement of claim, Mohamed Apandi, who was a Federal Court judge before being appointed as AG in 2015, also seeks a declaration that the first defendant had committed misfeasance and misconduct in public office, and a declaration that the first defendant had caused and induced the breach of contract between him and the Government of Malaysia.
He also seeks a declaration that there was a failure of compliance with Article 145 of the Federal Constitution over his termination and a declaration that his termination as AG was not in accordance with the law.
Mohamed Apandi is seeking special damages in the sum of RM2,233,599.36, as well as general damages, exemplary and/or punitive damages, costs and other relief deemed fit by the court.
In his statement of claim, Mohamed Apandi said through a letter dated May 27, 2015, by the Chief Secretary to the Government, the plaintiff was informed that the Yang di-Pertuan Agong had consented to his appointment as AG with effect from July 27, 2015, until July 26, 2018.
The former AG claimed that on April 6, 2018, the Chief Secretary to the Government had notified him that the Yang di-Pertuan Agong had on March 30, 2018, consented to his appointment being extended for another three years with effect from July 27, 2018, and it would expire on July 26, 2021.
Mohamed Apandi contended that Dr Mahathir who was appointed as Prime Minister on May 10, 2018, started issuing statements calling into question the professional integrity of the plaintiff.
“Among others, the first defendant stated that the first defendant did not consider the plaintiff as the Attorney-General for the federation despite the lawful appointment of the plaintiff as Attorney-General by the Yang Di-Pertuan Agong. The plaintiff will refer to all the statements made by the first defendant that were reported in the media to this effect.
“The first defendant then instructed the Chief Secretary to the second defendant to convey the first defendant’s instruction for the plaintiff to take unrecorded leave for a period of 30 days from May 14, 2018, until June 14, 2018,” he said.
The former AG claimed that the instruction given by Dr Mahathir was an unlawful one and contended that under Article 145(5) of the Federal Constitution that he at all material time shall hold office at the pleasure of the Yang di-Pertuan Agong.
The plaintiff contended that the discretionary power was exercisable by the Yang di-Pertuan Agong and not upon any “binding” advice of the Cabinet or Minister including the first defendant as contemplated under Article 40(1A) of the Federal Constitution.
Mohamed Apandi further claimed that Dr Mahathir made biased statements against him personally and the office of the Attorney-General, proposed the replacement of the plaintiff before the proper termination by the lawful authority who is the Yang Di-Pertuan Agong, refused, failed and neglected to receive advice from the AGC and requested or caused to be used by third parties, including his own personal lawyer, to pressure the plaintiff to immediately resign from the office. -— Bernama