Friday 29 Mar 2024
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KUALA LUMPUR (Dec 11): Contending that his termination as Attorney-General in 2018 may not have received the King’s consent, Tan Sri Mohamed Apandi Ali has filed for an application in the High Court to obtain documents to help him establish his claim.

Apandi, who is suing the Government and former former premier Tun Dr Mahathir Mohamad for alleged unlawful termination, filed an application for discovery today,  requesting the defendants to furnish him with three documents.

The application, which was sighted by theedgemarkets.com, stated that the three documents that Apandi wants are:

  • any correspondence or letters by Mahathir or the government with the then Yang di Pertuan Agong Sultan Muhammad V,
  • letter or document showing the King consented on his termination, and
  • other documents related to the ending of his service as a Federal counsel.

In his application, Apandi noted that he had pleaded in his suit that the then Chief Secretary to the Government Tan Sri Ali Hamsa had written to him in June 2018 indicating that the King had consented to the termination as the Attorney-General, but no documents were furnished to him.

He claimed that when he was appointed the Attorney-General in July 2015, there was a consent letter from the King and a letter from the then Prime Minister (Datuk Seri Najib Razak) on his advice to the King dated the same day as his appointment.

Similarly, during his extension of contract in April 2018, there was a similar letter of advice from the then premier and a consent letter from the King.

However,  following his termination on June 5, 2018, there was no accompanying letter from the King or a copy of a letter of advice from the premier to revoke his appointment.

“Hence there exists doubt whether such consent was given by the Agong or the advice given by the then Prime Minister exists. I assert that Mahathir had given a biased view and out of hatred against me without taking into consideration the need to get the Agong's consent as stipulated by the Federal Constitution,” Apandi claimed.

In his supporting affidavit to the discovery application, Apandi said there was abuse of power by Mahathir as a public officer despite the defendants’ claim in their defence statement that there was no abuse.

“If indeed the Agong had consented to my termination then the letter of advice given by Mahathir is vital. I believe the documents sought are being kept and under the care of the defendants.

“Hence, I pray that my request for discovery be granted by this court,” he added.

Apandi had filed his suit on Oct 13, naming Mahathir and the Government as defendants and seeking RM2.23 million in special damages, following the termination of his tenure as the Attoeney-General on June 4, 2018.

In his statement of claim, Apandi said the attorney-general is a constitutional office, to which he had been properly and lawfully appointed pursuant to Article 145 of the Federal Constitution, and that his contract had been extended — to July 26, 2021 — just before the 14th general election.

On Nov 13, Dr Mahathir and the Government, represented by the Attorney-General Chambers (AGC), contended in their defence statement that his tenure as the Attormey-General ended as soon as his services were terminated by the Government on June 4, 2018.

Besides this, Apandi claimed that his termination was orchestrated by Mahathir, and that the latter arrogated to himself the powers of termination unlawfully. He further said the then premier had abused his position as well as misconducted himself as a public officer and, in doing so, committed a tort of misfeasance in public office.

He further alleged that the former PM's conduct was driven by the intent to breach the contract between the Government and himself and, for this reason, he is claiming damages for losses of earnings, allowances and benefits that he should have been entitled to from July 27, 2018 to July 26, 2021.

Apandi was replaced by Tan Sri Tommy Thomas. Thomas however resigned in late February, and former Federal Court judge Tan Sri Idrus Harun replaced him.

Edited ByS Kanagaraju
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