Mahathir Mohamad Mohamed Apandi Ali settlement
Mahathir Mohamad

By Khairulanuar Yahaya

KUALA LUMPUR – The former Prime Minister, Tun Dr. Mahathir Mohamad was shocked that the suit filed by former Attorney-General (AG) Tan Sri Mohamed Apandi Ali against him and the government of Malaysia was settled outside the court.

According to the Member of Parliament of Langkawi, as the main witness of the case, he was not informed about the terms of the settlement.

Dr Mahathir said that he has written a letter to incumbent AG, Tan Sri Idrus Harun stating his disagreement with the settlement.

He said, the government should not give in to the demands of Mohamed Apandi.

“I was shocked to read the recent news about the out of court settlement between the government and Mohamed Apandi. The terms of the settlement were also kept secret.

“I was also not informed about the terms of settlement despite being the main witness. I wrote to the Attorney-General. I did not agree with the settlement.

“I think that the government should not bow down as the termination of Apandi’s service was in accordance with the power within the government,” he said.

Meanwhile, Dr Mahathir also said that he did not understand why the government had to hide the terms of settlement.

He added, the people need to know those terms, especially if it involves any compensation.

“Was there compensation that needs to be paid if the action was made according to the law? Where are the principles of rule of law?

“I think that a settlement involving huge compensation for a person who failed to carry out his duties properly is very much regretted at any given time.

“I do not admit doing any wrong and I am ready for Apandi’s demands to be judged in the court,” Dr Mahathir said.

On 13 April, the media reported that the suit filed by Mohamed Apandi against Dr Mahathir and the Government over his unlawful termination as the AG was settled amicably.

Lawyer Datuk Dr Baljit Singh Sidhu who represented Mohamed Apandi as the plaintiff said that the terms of the settlement could not be disclosed.

On 13 October 2020, Mohamed Apandi filed the suit naming Dr Mahathir and the government as the first and second defendants seeking a declaration that the termination of his services as the AG in 2018 by Mahathir was unlawful.

Mohamed Apandi also demanded that a declaration be made on the first defendant (Dr Mahathir) for abusing his position and the first defendant had initiated the violation of contract between him and the government of Malaysia.

He had also sought a declaration that there was a failure to comply with Article 145 of the Federal Constitution in his dismissal and that his sacking as AG was unlawful, and therefore invalid.

Mohamed Apandi had sought RM2,233,599.36 in special, general and exemplary damages, costs and other relief deemed fit by the court.

In their statement of defence filed on Nov 12, 2020, the two defendants had asserted that the action to terminate Mohamed Apandi’s contract of service as the Attorney General was valid and in accordance with the provisions of the law and there was no abuse of power by Dr Mahathir in the matter. -MalaysiaGazette

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