Apandi obtains correspondence linked to his termination as AG
Mohamed Apandi Ali has succeeded in a legal bid to obtain documentary correspondence in relation to his termination as the attorney-general in 2018.
The High Court in Kuala Lumpur today allowed part of the plaintiff’s discovery application linked to his related ongoing lawsuit against former prime minister Dr Mahathir Mohamad and the government...
Mohamed Apandi Ali has succeeded in a legal bid to obtain documentary correspondence in relation to his termination as the attorney-general in 2018.
The High Court in Kuala Lumpur today allowed part of the plaintiff’s discovery application linked to his related ongoing lawsuit against former prime minister Dr Mahathir Mohamad and the government.
Apandi’s lawyer Baljit Singh Sidhu confirmed that judicial commissioner Latifah Mohd Tahar allowed the discovery application, in relation to letters or documents related to the Yang di-Pertuan Agong’s assent to the termination.
Under the Federal Constitution, the Agong can assent to the appointment or termination of the attorney-general on the advice of the prime minister.
“The court allowed the discovery process in relation to (b),” Baljit said when contacted.
Subparagraph (b) refers to one of the three types of documentation sought by Apandi, namely the letters and documents on the Agong’s assent to termination of service as the attorney-general.
When contacted, senior federal counsel Shamsul Bolhassan, who represented the government, also confirmed the court’s green light for the correspondence related to the Agong.
Shamsul added that the court has also fixed July 6 for case management of the main lawsuit.
On Oct 13 last year, Apandi filed a suit against Mahathir and the government over his alleged unlawful termination as attorney-general during the previous Pakatan Harapan administration in 2018.
Then on Dec 11, the plaintiff filed the discovery application for the correspondence in order to bolster the main suit against Mahathir and the government.
According to a copy of the lawsuit, Apandi seeks a declaration that first-listed defendant Mahathir had committed misfeasance or misconduct in public office.
Apandi is seeking a declaration that the first defendant had caused and/or induced a breach of contract between the plaintiff and the second defendant, namely the government.
He also seeks a declaration that his termination as AG is not in accordance with the law and that his termination is a failure of compliance with Article 145 of the Federal Constitution, which deals with the procedure for the appointment of the AG, among others.
Article 145 (1) states that “the Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person who is qualified to be a judge of the Federal Court to be the attorney-general for the Federation”.
Apandi also seeks RM2,233,599.36 in special damages; general, exemplary and/or punitive damages; costs; and any other relief deemed fit by the court, among others.
According to the lawsuit’s statement of claim, Apandi alleged that his termination as AG, conveyed via a letter dated June 5, 2018, from the then chief secretary to the government, was unlawful.
The plaintiff claimed that he was not furnished with any documentary evidence that shows the consent of the Yang di-Pertuan Agong to his termination as AG.
Apandi claimed that Article 145 (5) of the Federal Constitution states that the plaintiff shall, at all material times, hold office during the pleasure of the Agong.
Article 145(5) states that “the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine”.
The plaintiff also alleged that the advice given by the first defendant as then prime minister must be rendered via “unbiased and objective assessment” for the Agong’s consideration, among others.
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