KUALA LUMPUR (Jan 12): The High Court has fixed March 29 to hear former Attorney-General Tan Sri Mohamed Apandi Ali's application to obtain certain documents in his “unlawful termination” lawsuit against former premier Tun Dr Mahathir Mohamad and the government
The date was fixed by Judicial Commissioner Datuk Seri Latifah Mohd Tahar during case management today.
“Her Ladyship fixed hearing on March 29 for the former AG's discovery application,” Apandi's counsel Datuk Baljit Singh Sidhu told The Edge when contacted.
He said Latifah directed both sides to file their written submissions on the application by Feb 2, with the reply by Feb 23.
Apandi had applied to obtain any correspondence or letters by Mahathir or the government with the then Yang di Pertuan Agong Sultan Muhammad V, a 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 he had pleaded in his suit against Mahathir and the government 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 his termination as the attorney-general, but no documents were furnished to him.
He claimed 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 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, Apandi said.
“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 affidavit in support of his application.
Apandi further alleged 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,” he added.
Apandi is seeking RM2.23 million in special damages, following the termination of his tenure as the attorney-general on June 4, 2018.
In his statement of claim, he said he had been properly and lawfully appointed as the attorney-general, and that his contract had been extended — to July 26, 2021 — just before the 14th general election.
Dr Mahathir and the government, represented by the Attorney-General’s Chambers, in their defence, said Apandi’s tenure as the attorney-general ended as soon as his services were terminated by the government on June 4, 2018.
Apandi claimed 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 as the attorney-general by Tan Sri Tommy Thomas. Thomas however resigned in late February, and former Federal Court judge Tan Sri Idrus Harun replaced him.