KUALA LUMPUR (May 6): Former prime minister Tun Dr Mahathir Mohamad has expressed his dissatisfaction over the private terms of the government’s amicable settlement of a suit filed by former Attorney General (AG) Tan Sri Mohamed Apandi Ali against it over alleged breach of contract and wrongful termination from his post as the country's chief legal adviser in 2018.
Dr Mahathir, in a statement on social media on Friday (May 6), said that he was “surprised” at the settlement and that the terms of the said settlement were kept away from the public eye.
He also said that he had written to current AG Tan Sri Idrus Harun for an explanation. Dr Mahathir, who was a key witness in the case, is seeking an explanation as he has been kept in the dark.
“I wrote to the AG. I do not agree with the way the settlement was carried out. I feel that the government should not bow down due to the fact that the termination of Apandi's service was in accordance with all the affairs and powers available to the government,” Dr Mahathir said.
“I was not informed of this even though I was the main witness,” he added.
The Langkawi Member of Parliament said that the public had a right to know the terms of the settlement as it involved compensating Apandi with public funds.
“I don’t understand why the settlement is kept secret from the rakyat and me. The rakyat have a right to know, more so because it involved compensation,” he added.
He also questioned why the government had settled the suit with Apandi as the latter's termination in 2018 was done “according to the rule of law”.
“I am of the opinion that the solution of providing such a large compensation for a person who failed to perform his responsibilities properly is very regrettable at any time.
“I plead not guilty and am prepared for Apandi's claim to be tried in court,” Dr Mahathir said.
The government and Apandi entered into the settlement on April 13.
The settlement was recorded before High Court Justice Datuk Akhtar Tahir, where the terms of the settlement were not disclosed and the government did not admit liability.
“Without prejudice, the government agreed to settle this legal action without the admission of liability.
“With the settlement, the suit against former prime minister Tun Dr Mahathir Mohamad and the government is struck off, without liberty to file afresh,” said Apandi's lawyer Datuk Dr Baljit Singh Sidhu, who appeared with Datuk Dr Abd Shukor Ahmad and Nor Shahadah Saari.
No order was made as to costs.
Senior federal counsels Donald Joseph Franklin, Shariah Shapiee and Abdul Hakim Ab Keram @ Ab Karem appeared for the defendants.
Apandi filed the suit against Dr Mahathir and the government in October 2020, seeking a declaration that his termination as the AG was unlawful.
In the suit, Apandi was seeking declarations that Dr Mahathir had committed misfeasance and misconduct in public office, and that the former premier had caused and induced the breach of contract between him and the government.
Apandi also wanted declarations that there was a failure of compliance with Article 145 of the Federal Constitution over the termination of his service, and that his termination was not in accordance with the law.
In addition, he was seeking special damages totalling RM2.23 million, general damages, exemplary and punitive damages, costs and other relief deemed fit by the court.
The defendants stated in their defence that there was no abuse of power by Dr Mahathir as the former premier in the termination of Apandi's service as the AG and of his contract as a legal officer.
Apandi was appointed when Datuk Seri Najib Razak was the prime minister. He replaced Tan Sri Abdul Gani Patail, who was removed after it was learnt that he was leading a special task force to investigate 1Malaysia Development Bhd (1MDB).
Apandi was eventually replaced by Tan Sri Tommy Thomas in July 2018, when Pakatan Harapan came to power and Dr Mahathir replaced Najib as the prime minister.
Thomas resigned as the AG in February 2020, and was replaced by Idrus, who is also a former Federal Court judge and previously the solicitor-general.