Ex-AG settles alleged wrongful termination civil action

KUALA LUMPUR: A suit filed by Tan Sri Mohamed Apandi Ali against former prime minister Tun Dr Mahathir Mohamad and the Malaysian government over the termination of his contract as the attorney-general (AG) has been settled amicably at the High Court.

However, counsel Datuk Dr Baljit Singh Sidhu, who represented Mohamed Apandi, said the terms of the settlement could not be disclosed.

“Without prejudice, the government has agreed to settle the case without any admission of liability. The suit was dismissed without freedom to refile and without any order as to costs,” he said after the case proceedings before Judge Datuk Akhtar Tahir yesterday.

The proceedings were joined by two other lawyers working for Mohamed Apandi, namely Datuk Dr Abdul Shukor Ahmad and Nor Shahadah Saari, while senior federal counsel Donald Joseph Franklin represented Mahathir and the government.

The court before this had set April 18, 20, 21 and 22 for the hearing of the suit.

On Oct 13, 2020, Mohamed Apandi had filed the suit naming Mahathir and the government as the first and second defendants respectively, seeking, among others, a declaration that the termination of his contract as AG by the former prime minister as invalid.

In his statement of claim, Mohamed Apandi, who was a Federal Court judge before being appointed as AG in 2015, had also sought a declaration that the first defendant (Mahathir) had abused his position (as the prime minister when Pakatan Harapan was in power from May 2018 to February 2020) and had caused a breach of contract between him and the government.

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 AG was valid and in accordance with the provisions of the law and there was no abuse of power by Mahathir in the matter. – Bernama