KUALA LUMPUR: Tan Sri Mohamed Apandi Ali maintains that the Yang di-Pertuan Agong’s role was not considered in his sacking from the attorney general’s position in 2018.
Apandi said this in his reply, which was filed on Nov 25, to the statement of defence filed by former prime minister Tun Dr Mahathir Mohamad in a lawsuit initiated by Apandi.
The former AG had sued Dr Mahathir and the government for RM2.2mil over his firing, claiming that the termination was unlawful.
“The plaintiff will lead evidence to establish that the Yang di-Pertuan Agong’s role and satisfaction and or pleasure was not taken into account and brushed aside by the first defendant (Dr Mahathir) at all material times and hence there is a constitutional failure in the process of termination of the plaintiff’s position as the attorney general of the federation,” the reply said.
Apandi said Dr Mahathir’s position as stated in the latter’s statement of defence was not only untenable in law but suffered from a cloistered reading of the provisions of the Federal Constitution.
He also claimed that Dr Mahathir had formed “a venomous and thus negative view” against him and that Dr Mahathir was “driven” to remove him from the position of AG.
“Imbued with that determination, the plaintiff was unconstitutionally and unlawfully terminated,” it said.
Apandi’s lawyer Datuk Baljit Singh Sidhu said the case has been fixed for case management on Dec 11.
“It is for us to file a discovery application for the purposes of certain documents,” he said.
On Oct 13, Apandi filed the suit against Dr Mahathir and the government for a declaration that his termination from the position of AG two years ago is unlawful.
In his statement of claim, Apandi is seeking, among others, 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.
The former Federal Court judge is also seeking 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 the AG was not in accordance with the law and hence unlawful.
He is seeking special damages in the sum of RM2,233,599.36, general damages, exemplary and/or punitive damages, costs and other relief deemed fit by the court.
In a statement of defence by the defendants, Dr Mahathir denied abuse of power in relation to Apandi’s termination.
The defendants said the termination of Apandi’s contract as a legal officer was lawful and adhered to legal provisions.
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