"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.” — Datuk Dr Baljit Singh Sidhu, Apandi’s lawyer.
KUALA LUMPUR (April 13): The government had on Wednesday amicably settled 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.
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.
Last Sept 29, it was reported that there was no settlement in the suit as the parties did not want to go into mediation. Following that, the High Court had fixed trial dates of April 18 to 22 before the settlement was arrived at on Wednesday.
The High Court had earlier allowed Apandi's application for access to correspondence between Dr Mahathir or the then government with the Yang di-Pertuan Agong, or any other documents relating to his termination as a federal counsel that initially led to his appointment as the AG.
Former AG filed RM2.23 million suit in 2020
Apandi filed a 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 is also 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.
He also wants declarations that there was a failure of compliance with Article 145 of the Federal Constitution over his service termination, and that his termination was not in accordance with the law.
In addition, Apandi is 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 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.
He 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 AG in February 2020, and was replaced by Tan Sri Idrus Harun, who is also formerly a Federal Court judge and previously was also the solicitor-general.