KUALA LUMPUR (Sept 29): There is no settlement in the suit between former attorney-general (AG) Tan Sri Mohamed Apandi Ali against Tun Dr Mahathir Mohamad and the government over alleged wrongful termination and breach of contract from his post as AG in 2018.
Following this, the High Court here on Wednesday fixed trial dates for the suit from April 18 to 22 next year before Judicial Commissioner Datuk Seri Latifah Mohd Tahar.
This was confirmed by lawyer Datuk Baljit Singh Sidhu of Messrs Shukor Baljit and Partners when contacted by theedgemarkets.com.
“Yes there is no settlement and hence we proceed to trial,” the counsel said.
Baljit added that the next case management is fixed on Nov 5 for parties to comply with pre-trial case management
On July 6, the AG’s Chambers was reported to not want to go into mediation with Apandi over the suit. However, Latifah partially allowed Apandi's application to freely inspect and be furnished with copies of documents or letters showing the Yang di-Pertuan Agong's consent to the termination of his service in 2018.
She, however, did not allow the former AG's application for access to correspondence between Mahathir or the government with the King, or any other documents relating to his termination as a federal counsel that initially led to his appointment as the AG.
Apandi — who is also a former Federal Court judge — filed the discovery application in relation to his RM2.23 million suit against Mahathir and the government for a declaration that his termination as the AG was unlawful.
He sought access to the documents and letters to help him establish his claims that his termination might not have received the King's consent. Apandi named Mahathir and the government as the defendants in the suit filed on Oct 13 last year.
Seeking exemplary and punitive damages
In the suit, Apandi is also seeking a declaration that Mahathir had committed misfeasance and misconduct in public office and a declaration that the former premier had caused and induced the breach of contract between him and the government.
He also wants a declaration that there was a failure of compliance with Article 145 of the Federal Constitution over his service termination and a declaration 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 Mahathir in the termination of Apandi's service as the AG and of his contract as a legal officer.
Apandi was appointed the AG 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 Mahathir replaced Najib as the prime minister.
Thomas resigned as AG in February last year and was replaced by Tan Sri Idrus Harun, who was formerly a Federal Court judge and previously was also the solicitor-general.