Malaysia

Apandi Ali seeks damages for his 'unlawful' termination as AG

The former AG contends he was never furnished with any document evidencing the royal consent to his termination

Updated 5 years ago · Published on 01 Oct 2020 11:30AM

Apandi Ali seeks damages for his 'unlawful' termination as AG
Tan Sri Mohamed Apandi Ali was terminated as AG on June 5, 2018. – Bernama pic, October 1, 2020

KUALA LUMPUR – Tan Sri Mohamed Apandi Ali sent a letter of demand to the Attorney General’s Chambers (AGC) yesterday, demanding restitution and unspecified damages over his termination as Attorney-General (AG) two years ago, which he claims was unlawful. 

The letter, dated September 30, via law firm Messrs Shukor Baljit & Partners, had been served to the AGC yesterday.

Mohamed Apandi’s lawyer, Datuk Baljit Singh confirmed this matter when contacted today.

In the letter, the former AG demands the AGC respond to his claim of restitution and unspecified damages within seven days of the date of the issuance of the letter, failing which he would commence legal proceedings for an appropriate remedy including exemplary or punitive damages as well as costs.

Mohamed Apandi claimed that his termination was orchestrated and decided by the then prime minister, Tun Dr Mahathir Mohamad.

He said he was appointed as the AG on July 27, 2015, with the consent of the Yang di-Pertuan Agong for a period of three years until July 26, 2018 and the consent was given pursuant to the advice given by the prime minister at that time in a letter dated July 27, 2015. 

Mohamed Apandi said the appointment could only be terminated pursuant to Article 145 (5) of the Federal Constitution.

He claimed that on April 6, 2018, the Chief Secretary to the Government had notified him that Yang di-Pertuan Agong had on March 30, 2018 consented to his reappointment with effect on July 27, 2018, which he accepted through a letter dated May 7, 2018. 

However, on June 5, the same year, he was notified by the Chief Secretary that the Yang di-Pertuan Agong had consented to his termination of his appointment as the AG and contended that he was never furnished with any document evidencing the royal consent.

He believes his termination was orchestrated and decided by Dr Mahathir, who had “arrogated to himself the power of termination unlawfully”.

Mohamed Apandi, a former Federal Court judge, claimed that the then prime minister had abused his position and misconducted himself as a public officer and committed the tort of misfeasance in public office. 

He further claimed that the Dr Mahathir's conduct was with intent on breach of contract, between the Malaysian government and himself.

Mohamed Apandi categorically stated that his termination was unlawful, null and void. 

As a result, he said he suffered losses and damages including the loss of earnings, allowances and other benefits from July 27, 2018 until July 26, 2021. 

In May 2018, it was reported that Dr Mahathir had said Mohamed Apandi was given 30 days unrecorded leave from May 15, 2018.

Kelantan-born Mohamed Apandi was appointed as AG to replace Tan Sri Abdul Gani Patail.

On June 2018, Tan Sri Tommy Thomas was appointed as the AG replacing Mohamed Apandi, however, Thomas resigned as AG on February 28, this year, following the fall of the Pakatan Harapan government.

Former Federal Court judge Tan Sri Idrus Harun was appointed as the new AG on March 6, 2020.

Mohamed Apandi, when asked why he took the action two years after his termination, said he had no real reason to do so.

“But it took me two years to ponder over the possible issues involved and the narratives leading to my dismissal,” he told Bernama via WhatsApp. 

“Just exercising my legal rights against an abuse of position and power by the former PM, Dr Mahathir, in removing me as the AG without valid reasons, after an extension of my tenure as AG was given (with the consent of the King),” he said.

Pursuant to Section 6(1)(a) of the Limitation Act 1953 (Limitation Act), actions in contract and tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. The six-year limitation period applies notwithstanding when the plaintiff discovers the damages. – Bernama, October 1, 2020

Related News

Malaysia / 10h

Former PM Ismail Sabri expected to be charged tomorrow

Malaysia / 3mth

Ahmad Zahid's DNAA decision goes against public interest: Malaysian Bar

Malaysia / 4mth

PSSC targets to finalise report on AG-PP split by mid-May - Azalina

Malaysia / 4mth

40 per cent of Sabah's rights: Respect High Court decision - Ronald Kiandee

Malaysia / 5mth

'Don't push us against the wall' - PKR MPs say over proposed constitutional amendments

Malaysia / 9mth

Amri Che Mat case: Court awards RM3m to family

Spotlight

Malaysia

Court quashes RM313.8 million tax bill against Na’imah

Malaysia

Alternative medicine practitioner arrested on suspicion of molesting client

Malaysia

Drones, AI among measures to strengthen border security

By Alfian Z.M. Tahir

Malaysia

New NS exco line-up to be sworn in tomorrow as BN-PN government takes shape

Malaysia

MACC-Customs task force under discussion as smuggling cases pile pressure on enforcement agencies

Malaysia

JBPM taking all necessary steps to face hot weather, Super El Niño

Malaysia

Police team heads to Jakarta as Malaysia probes pilot’s alleged drug link

By Alfian Z.M. Tahir

Malaysia

Foreign management institute denies claims of any wrongdoing

Malaysia

Court orders police to probe foreign management institute

Malaysia

BN vows to defend all 21 Melaka seats ahead of state election

Malaysia

Thai border town Dan Nok fades as new border crossing diverts Malaysian traffic

You may be interested

Malaysia

New NS exco line-up to be sworn in tomorrow as BN-PN government takes shape

Malaysia

Teen sent to Henry Gurney School after admitting to rape of 15-year-old acquaintance

Malaysia

Thai footballer killed, Malaysian among 12 injured after lightning strike at Golok tournament

Malaysia

1MDB audit did not cover Najib’s personal accounts, court told

Malaysia

Dr Mahathir, Siti Hasmah mark 70 years of marriage

By Alfian Z.M. Tahir

Malaysia

Zahid rejects ‘outsider’ claims in Negeri Sembilan MB appointment dispute

Malaysia

Foreign management institute denies claims of any wrongdoing

Malaysia

Shafee seeks to strike out parts of Tony Pua's statement