Thursday 28 Mar 2024
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KUALA LUMPUR (Nov 13): The government and former Prime Minister Tun Dr Mahathir Mohamad maintained that Tan Sri Mohamed Apandi Ali's tenure as the Attorney-General (AG) ended as soon as his services were terminated on June 4, 2018.

The defendants further denied that Mahathir abused his powers, resulting in the termination of Apandi as the AG and legal officer, and hence the suit has no merit.

In a statement of defence dated yesterday by Mahathir and the government that was sighted by theedgemarkets.com, the defendants in the suit claimed that Apandi's appointment as a legal officer was on a contractual basis, as long as he was the AG.

“With the termination of Apandi's tenure as AG, his appointment as a legal officer also ends,” they said. 

It added this is based on the appointment letter given to Apandi as a contract legal officer dated July 27, 2015 and a letter from the Judicial and Legal Service Commission chairman that was dated Nov 14, 2016. 

The appointment letter stipulated that “his tenure as a contract legal officer is as long as he remains the AG”.

The defendants want Apandi to prove that Mahathir had made statements questioning his integrity as an AG, and that even if such statements were made, the fact remained that Apandi served at the pleasure of the Agong.

“Apandi's stand on a violation of Article 40(1A) and Article 145(5) of the Federal Constitution by the defendants, is also wrong according to the law,” the defendants claimed.

Apandi was appointed as the AG on July 27, 2015, replacing Tan Sri Abdul Gani Patail. Gani was removed by then PM Datuk Seri Najib Razak, in relation to him leading a special task force to investigate 1Malaysia Development Bhd, where Najib is presently facing prosecution.

Apnadi's suit came up for case management today before High Court deputy registrar Norhatini Abdul Hamid.

When contacted, counsel Datuk Baljit Singh Sidhu, who represented Apandi, confirmed that the case management was held today before Norhatini, who fixed Dec 3 for his client to reply on the defence filed.

Apandi filed suit on Oct 13

It was previously reported that Apandi filed the suit against Mahathir and the government on Oct 13, and sought RM2.23 million in special damages, following the termination of his tenure as AG on June 4, 2018.

In his statement of claim, Apandi said the AG is a constitutional office, to which he had been properly and lawfully appointed pursuant to Article 145 of the Federal Constitution.

Formerly a Federal Court judge, he claimed he was initially appointed to hold the AG's post for a three-year term, from July 27, 2015 until July 26, 2018. But just a month before the 14th General Election, his tenure was extended for another three years, beginning July 27, 2018, Apandi said.

Apandi said he was notified on April 6, 2018 by the then Chief Secretary to the Government, Tan Sri Ali Hamsa, that the Agong had consented to extend his appointment, and that he subsequently accepted the extension via a letter dated May 7, 2018.

However, following the 14th General Election on May 9, and the subsequent change of government, Mahathir instructed Ali to put Apandi on unrecorded leave for 30 days, from May 14, 2018 to June 14, 2018, the former AG said. 

This instruction from Mahathir, Apandi contended, was unlawful.

He further claimed that Ali, via a letter dated June 5, 2018, stated that the Agong had consented to his termination. However, Apandi said he was never given any document that supported the Chief Secretary's claim of the Agong's consent.

The former AG further claimed his termination was orchestrated by Mahathir, and that the latter had arrogated to himself the power of termination unlawfully. He further said the then PM had abused his position and misconducted himself as a public officer and in doing so, committed the tort of misfeasance in public office.

He further alleged that the former PM's conduct was driven by intent to breach the contract between the Malaysian government and himself. Hence, he is claiming damages for loss of earnings, allowances and benefits that he is entitled to from July 27, 2018 to July 26, 2021.

It was previously reported that Apandi had, on June 5, 2018, accepted the government’s decision to terminate his service as AG. 

In a statement to Bernama dated June 4, Istana Negara Comptroller Datuk Wan Ahmad Dahlan Abdul Aziz said Sultan Muhammad V consented to the termination of Apandi's service by the federal government.

On the same day, Sultan Muhammad V gave his consent to the appointment of Tan Sri Tommy Thomas as the new AG, in accordance with Article 145(1) of the Federal Constitution. 

Thomas, however, resigned as AG on Feb 28 this year, following the fall of the Pakatan Harapan government.

Edited ByLam Jian Wyn
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