by BERNAMA / pic by BERNAMA
TAN Sri Mohamed Apandi Ali (picture) has filed a RM2.2 million suit against Tun Dr Mahathir Mohamad and the government, seeking a declaration that his termination as Attorney General (AG) by the former prime minister was unlawful.
Mohamed Apandi filed the legal suit via law firm Messrs Shukor Baljit & Partners through the online system at the Civil High Court in Kuala Lumpur yesterday, naming Dr Mahathir and the government as the first and second defendant respectively.
The suit was filed after the AG Chambers (AGC) did not respond to Mohamed Apandi’s letter of demand served to it on Sept 30.
The former AG in the letter demanded the AGC to respond to his claim of restitution and unspecified damages within seven days of the date of the issuance of the letter, failing which he would commence legal proceedings for an appropriate remedy, including exemplary or punitive damages as well as costs.
In his statement of claim, Mohamed Apandi, who was a Federal Court judge before being appointed as AG in 2015, among others, is seeking a declaration that the first defendant had committed a 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 law and hence unlawful.
Mohamed Apandi is seeking special damages in the sum of RM2.23 million, 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.
He said the consent was given pursuant to the advice given by the prime minister (PM) at that time, pursuant to Article 145(1) of the Federal Constitution and stated that the position of AG is a constitutional office and that he had been properly and lawfully appointed pursuant to Article 145.
The former AG claimed that on April 6, 2018, the chief secretary to the government 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 further claimed that Dr Mahathir who was appointed as PM on May 10, 2018 started issuing statements calling into question the professional integrity of the plaintiff.
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.