KUALA LUMPUR, Oct 13 — Former attorney general Tan Sri Mohamed Apandi Ali today filed a lawsuit against former prime minister Tun Dr Mahathir Mohamad and the federal government, and is seeking compensation of more than RM2.23 million for what he claimed to be an “unlawful termination” in June 2018 of him as the top government lawyer.
In the court documents for his lawsuit sighted by Malay Mail, Apandi is seeking for several court declarations and reliefs, including for the court to declare that Dr Mahathir had committed a misfeasance or misconduct in public office, and a declaration that Dr Mahathir had allegedly caused or induced a breach of contract between Apandi and the federal government.
Apandi is also seeking a court declaration that his dismissal as the attorney general was not in compliance with the Federal Constitution’s Article 145, and a declaration that his termination as attorney-general was not in accordance with the law and therefore unlawful.
Apandi is also seeking for general damages, exemplary or punitive damages, as well as RM2,233,599.36 in special damages.
In detailing the particulars of the special damages of over RM2 million that he was seeking, Apandi listed these as including loss of remuneration totalling RM1,285,213.68 from July 27, 2018 to July 26, 2021 (or RM35,700.38 in monthly remuneration over 36 months or three years).
Other details listed by Apandi in his bid for the special damages are loss of entertainment allowances totalling RM201,600 (or RM5,600 per month over a 36-month period), loss of housing allowance totalling RM144,000 (or RM4,000 per month over a 36-month period), loss of special allowance for the attorney-general totalling RM360,000 (or RM10,000 per month over 36 months), and loss of other benefits for house maintenance and maid totalling RM109,800 (or RM3,050 per month for 36 months).
In his list of particulars for the special damages sought, Apandi also listed the loss of fringe benefits such as privileged tour equivalent to first class return flight tickets between Kuala Lumpur and London as contained in a 2015 circular amounting to RM90,000, loss of medical benefits, and loss of monetary compensation for loss of 31-days rest day leave that cannot be utilised amounting to RM42,985.68 as contained in 2008 and 2016 circulars.
Apandi said that the full particulars of the remuneration and benefits are listed in a May 3, 2018 letter from the Public Service Department to the secretary of the Prime Minister’s Department’s constitutional, corporate and innovation departments.
Previously on September 30, Apandi had issued a letter of demand to the Attorney General’s Chambers (AGC) to seek for compensation over his termination as attorney-general in June 2018, saying that he would start legal proceedings if he does not receive an acceptable offer for compensation from the AGC within seven days of the letter.
In his statement of claim for his lawsuit filed today, Apandi said that he was serving as a Federal Court judge when the chief secretary of the government informed him in a July 27, 2015 letter that the Yang di-Pertuan Agong had consented to his appointment as attorney general with effect from the same day, with the Agong’s consent said to be given after advice from the prime minister via a letter on the same day.
Arguing that he was lawfully appointed for the constitutional office as attorney-general, Apandi said he had accepted the terms of his appointment as AG that were listed by the chief secretary of the government in an August 14, 2015 letter, including for his term to run for three years from July 27, 2015 to July 26, 2018.
An agreement with the government was then executed and dated on July 27, 2015 for him to be appointed as a legal officer of the government, Apandi said.
With his term as AG due to have ended on July 26, 2018, Apandi said that the chief secretary of the government had in an April 6, 2018 letter informed him that the Agong had on March 3, 2018 consented to his appointment as attorney-general again from July 27, 2018 onwards.
Apandi said he had accepted his reappointment as AG through a May 7, 2018 letter sent to the chief secretary of the government, but noted how his service as AG was later cut short after Dr Mahathir became prime minister from May 10, 2018.
Apandi claimed that Dr Mahathir had instructed the chief secretary of the government to convey the instructions for Apandi to take a 30-day unrecorded leave from May 14, 2018 until June 14, 2018, arguing that this was an “unlawful instruction” and alleged that this was meant to unlawfully drive him out of his constitutional office as AG.
Apandi said the chief secretary of the government had in a June 5, 2018 letter notified him that the Yang di-Pertuan Agong had consented to the termination of his appointment as the attorney-general, but said he was not shown documentary evidence of the king’s consent.
Among other things, Apandi argued that it is the Agong who has the powers under the Federal Constitution to lawfully terminate his AG position, while claiming that Dr Mahathir had formed a biased view against him and had allegedly decided on his job termination regardless of the Agong’s powers.
Apandi also claimed that Dr Mahathir had treated the person holding the AG post as a civil servant who must allegedly comply with the prime minister’s wishes.
While Dr Mahathir was the prime minister, Apandi claimed that Dr Mahathir had refused advice from the Attorney General’s Chambers, and that there has been requests for the services of third parties including his own personal lawyer to be used in a bid to allegedly pressure Apandi to resign from his office as AG.
Apandi also claimed that Dr Mahathir should have known that his termination as AG would result in the termination of his contract with the Malaysian government.
Apandi’s lawsuit was filed by the law firm Shukor Baljit & Partners.
In 2015 when Apandi was first appointed as AG to replace Tan Sri Abdul Gani Patail, Datuk Seri Najib Razak was the prime minister heading the Barisan Nasional administration.
After his service as AG was terminated in 2018, Apandi had resumed private practice as a lawyer while lawyer Tan Sri Tommy Thomas was appointed to replace him for the AG post for two years.
Thomas subsequently stepped down from the post with the change of the government from Pakatan Harapan to Perikatan Nasional in late February or early March, with Federal Court judge Tan Sri Idrus Harun then appointed as the current AG for a two-year term from March 2020.
