KUALA LUMPUR – Tan Sri Mohamed Apandi Ali has claimed that former prime minister Tun Dr Mahathir Mohamad had formed a venomous and negative view against him which led to his removal as Attorney-General (AG).
He said that imbued with that determination, he was unconstitutionally and unlawfully terminated by the former prime minister.
“The plaintiff (Mohamed Apandi) avers and will contend and will lead evidence that the first defendant (Dr Mahathir) had formed a venomous and thus negative view against the plaintiff and was driven to remove the plaintiff in any event from the position as the AG and imbued with that determination the plaintiff was unconstitutionally and unlawfully terminated,” he said in his reply to Dr Mahathir and the government’s statement of defence.
The former AG further stated that he will lead evidence to establish that Yang di-Pertuan Agong’s role, satisfaction and pleasure were not taken into account or brushed aside by Dr Mahathir at all material time over his termination.
“Hence, there is a constitutional failure in the process of termination of the plaintiff’s position as the Attorney-General,” he said.
Mohamed Apandi also contended that Dr Mahathir and the government’s position as stated in their statement of defence was not only untenable in law but suffered from a cloistered reading of the provisions of the Federal Constitution.
Therefore, Mohamed Apandi prayed for his claim to be allowed with costs.
Lawyer Datuk Baljit Singh Sidhu, representing Mohamed Apandi, told the media that the High Court has set Dec 11 for case management.
“It is for us to file discovery application for purposes of certain documents,” he said.
In the statement of defence filed on Nov 12, both the defendants have insisted that their action in terminating the contract of Mohamed Apandi as AG in 2018 was valid and in accordance with the provisions of the law, and Dr Mahathir had denied that he had committed an abuse of power over Mohamed Apandi’s termination.
Dr Mahathir and the Federal government filed the statement of defence in response to the RM2.2 million suit filed against them by Mohamed Apandi.
On Oct 13, Mohamed Apandi filed a lawsuit naming Dr Mahathir and the government, as the first and second defendants respectively, seeking among others for a declaration that his termination from his position as AG two years ago was unlawful.
In his statement of claim, Mohamed Apandi, who was a Federal Court judge before being appointed as AG in 2015, is also seeking 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.
He also wants 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 and hence unlawful.
Mohamed Apandi is seeking special damages in the sum of RM2,233,599.36, general damages, exemplary and/or punitive damages, costs and other reliefs deemed fit by the court.
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.