KUALA LUMPUR – Tan Sri Mohamed Apandi Ali said Tun Dr Mahathir Mohamad formed a “venomous” view of him, leading to his removal as attorney-general.
Because of this determination, said Apandi, he was unconstitutionally and unlawfully terminated from the post by the former prime minister.
“The plaintiff (Apandi) avers and will contend and lead evidence that the first defendant (Dr Mahathir) formed a venomous and thus negative view against the plaintiff, and was driven to remove the plaintiff in any event from the position of AG, and imbued with that determination, the plaintiff was unconstitutionally and unlawfully terminated,” he said in his reply to Dr Mahathir and the government’s statement of defence.
He said he will lead evidence to establish that the Yang di-Pertuan Agong’s role, satisfaction and pleasure were not taken into account by Dr Mahathir with regard to the termination.
“Hence, there is a constitutional failure in the process of termination of the plaintiff’s position as AG.”
Apandi also contended that Dr Mahathir and the government’s position, as stated in their statement of defence, was not only untenable in law, but suffered from a cloistered reading of the provisions of the federal constitution.
Therefore, he said, he “prays” for his claim to be allowed with costs.
Lawyer Datuk Baljit Singh Sidhu, representing Apandi, told the media that the high court has set December 11 for case management.
“It is for us to file a discovery application for the purposes of certain documents.”
In the statement of defence filed on November 12, both defendants insisted that their action in terminating Apandi’s contract as AG in 2018 was valid and in accordance with the provisions of the law, and Dr Mahathir denied committing abuse of power over the said termination.
Dr Mahathir and the federal government filed the statement in response to a RM2.2 million suit Apandi filed against them.
The former AG sued the two parties on October 13, seeking a declaration that his termination was unlawful.
He is also seeking, among others, a declaration that first defendant Dr Mahathir committed misfeasance and misconduct in public office, and a declaration that the ex-prime minister caused and induced a breach of contract between him and the government. – Bernama, December 3, 2020
