Apandi: Dr M has no right to question settlement in dismissal case
Mohamed Apandi Ali said Dr Mahathir Mohamad has no right to question the settlement made between the former attorney-general and the government over his RM2.23 million wrongful dismissal suit.
Despite naming Mahathir as a party in his suit, Apandi said the nonagenarian was merely seeking attention by raising the issue when the out-of-court settlement was arrived at three weeks ago.
“It’s not he who has the right to agree or disagree (on the settlement made) because the suit against the...
Mohamed Apandi Ali said Dr Mahathir Mohamad has no right to question the settlement made between the former attorney-general and the government over his RM2.23 million wrongful dismissal suit.
Despite naming Mahathir as a party in his suit, Apandi said the nonagenarian was merely seeking attention by raising the issue when the out-of-court settlement was arrived at three weeks ago.
“It’s not he who has the right to agree or disagree (on the settlement made) because the suit against the government has been settled out of court,” said Apandi (top, left).
“The one who represents the government is the attorney-general. And if the AG says so, we have to comply. (Mahathir) has no right to question it.
“The settlement was made three weeks ago, why only raise it now? It is as though he was seeking attention,” he was quoted as saying by Utusan Malaysia.
Apandi said it is normal for the terms of the settlement to be kept confidential between the parties.
“The terms are secret. This is normal and not out of the ordinary,” he explained.
Last Friday, Mahathir insisted he made the right decision in terminating Apandi’s service as the attorney-general in June 2018 amid the 1MDB probe and that it was done according to the procedure.
He also demanded the terms of the settlement between the government and Apandi be disclosed.
Special damages of RM2.23 million
On Oct 13, 2020, Apandi filed a suit against Mahathir and the government over his alleged unlawful termination as attorney-general during the Pakatan Harapan administration in 2018.
Through the lawsuit, Apandi sought, among others, declarations that listed defendant Mahathir had committed misfeasance or misconduct in public office, and that Mahathir had caused and/or induced a breach of contract between the plaintiff and the second defendant, namely the government.
He also sought special damages totalling RM2.23 million, general damages, exemplary and punitive damages, costs and other relief deemed fit by the court.
However, through a statement of defence filed in November 2020, Mahathir and the government insisted that the termination of the contract was valid and in accordance with the provisions of the Federal Constitution.
On April 13, 2022, the Kuala Lumpur High Court struck out the suit after the government agreed to settle the case without any admission of liability, and the terms of the settlement could not be disclosed publicly.
‘Issue a matter of public interest’
In a video statement posted on Facebook today, lawyer Haniff Khatri Abdulla said Apandi is wrong to say Mahathir has no right to question the settlement as it is a matter of public interest.
Haniff, who had previously served as a lawyer for Mahathir, said even though it was a civil case, it involved a former public official and a former prime minister.
“On that basis, it has become a public interest issue, no longer a personal issue.
“The question of whether Mahathir has the right to protest (the settlement) or not, is not the question.
“The question is that Mahathir, as a normal citizen now, especially as a political leader, and the public deserves to know (about the details of the settlement),” he said.
If the government paid even RM1 in compensation to Apandi, that would be using public funds, he added.
This is why Apandi’s reasoning that the terms settlements in civil cases are usually kept confidential does not apply here, he said.
“It is true in certain civil cases, there are situations that enable the settlement terms to be kept confidential, but those are cases… that are personal in nature,” Hanif said.
Apandi’s implication that Mahathir is “seeking attention” for bringing up the settlement from three weeks ago is also untrue, he added.
Mahathir was not informed about the settlement until much later, which was also one of the complaints raised by the former prime minister in his statement earlier, he said.
The general public does not know who is responsible for the settlement, so when they read that the case between Apandi versus Mahathir as well as the government had been settled, they may think that it was Mahathir’s decision.
“That is why the rakyat must be made to understand that this course of action was not initiated by Mahathir but by the government.
“I believe Apandi, as the former attorney-general, can understand a basic thing like this,” he said.
Are you sure you want to delete this comment?
This action cannot be undone.