Malaysia
High Court allows Apandi to obtain documents showing King’s consent to his termination as AG
Tan Sri Mohamed Apandi Ali at the Kuala Lumpur High Court, April 6, 2021. u00e2u20acu201d Bernama pic

KUALA LUMPUR, May 25 — The High Court here today allowed Tan Sri Mohamed Apandi Ali’s application to obtain documents or letters showing the Yang di-Pertuan Agong’s (YDPA) consent in relation to the termination of his service as the Attorney General (AG) in 2018.

The documents and letters are to prove his lawsuit against former prime minister Tun Dr Mahathir Mohamad and the government of Malaysia.

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Judicial Commissioner Datuk Seri Latifah Mohd Tahar made the ruling in proceedings held online today.

Lawyer Datuk Abd Shukor Ahmad, who was representing Mohamed Apandi, told reporters that the court directed the government side to hand over the documents or letters to his client within 21 days from today.

"The court also fixed July 6 for case management,” he said, adding that today’s proceedings were also attended by senior federal counsel Shamsul Bolhassan, who was representing Dr Mahathir and the government as the first and second defendants respectively.

Abd Shukor said the court, however, rejected his client’s application to get letters the first and second defendants exchanged with YDPA and other documents relating to the termination of Mohamed Apandi’s service as the Attorney-General.

In the application filed on December 11, 2020, Mohamed Apandi as the plaintiff, among others, applied for a court order to allow him to freely inspect and be provided with a copy of documents or letters regarding the termination of his service.

He said the documents were in the possession, custody or within the power of both defendants.

On October 13 last year, Mohamed Apandi filed the lawsuit naming Dr Mahathir and the government as the first and second defendants respectively, seeking among others for a declaration that his termination from his position as AG was unlawful.

In his statement of claim, Mohamed Apandi, who was a Federal Court judge before being appointed as AG in 2015, is also seeking a declaration that the first defendant had committed misfeasance and misconduct in public office and a declaration that the first defendant had caused and induced the breach of contract between him and the government.

Mohamed Apandi is seeking special damages in the sum of RM2,233,599.36, general damages, exemplary and/or punitive damages, costs and other reliefs deemed fit by the court.

In the statement of defence filed on November 12, 2020, both the defendants have insisted that their action in terminating the contract of Mohamed Apandi as AG in 2018 was valid and in accordance with the provisions of the law, and Dr Mahathir had denied that he had committed an abuse of power over Mohamed Apandi’s termination. — Bernama

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