KUALA LUMPUR – The suit filed by Tan Sri Mohamed Apandi Ali against former Prime Minister Tun Dr Mahathir Mohamad and the Malaysian government over the termination of his contract as attorney-general has been settled amicably at the high court here.
Counsel Datuk Baljit Singh Sidhu, who represented Apandi as the plaintiff in the suit, however, said the terms of the settlement could not be disclosed.
“Without prejudice, the government has agreed to settle the case without any admission of liability. The suit was dismissed without freedom to refile and without any order as to costs,” he said after the case proceedings before judge Datuk Akhtar Tahir via video conference today.
The proceedings were also joined by two more of Apandi’s lawyers, namely Datuk Dr Abdul Shukor Ahmad and Nor Shahadah Saari, while senior federal counsel Donald Joseph Franklin represented Dr Mahathir and the government.
The court before this had set April 18, 20, 21 and 22 for the hearing of the suit.
On October 13, 2020, Apandi had filed the suit naming Dr Mahathir and the government as the first and second defendants respectively, seeking, among others, a declaration that the termination of his contract as AG by the former prime minister is invalid.
In his statement of claim, Apandi, who was a Federal Court judge before being appointed AG in 2015, had also sought a declaration that the first defendant (Dr Mahathir) had abused his position (as the prime minister when Pakatan Harapan was in power from May 2018 to February 2020) and had caused a breach of contract between him and the government.
He had also sought a declaration that there was a failure to comply with Article 145 of the federal constitution in his dismissal and that his sacking as AG was unlawful, and therefore invalid.
Apandi had sought RM2,233,599.36 in special, general and exemplary damages, costs and other relief deemed fit by the court.
In their statement of defence filed on November 12, 2020, the two defendants had asserted that the action to terminate Apandi’s contract of service as AG was valid and in accordance with the provisions of the law, and that there was no abuse of power by Dr Mahathir in the matter. – Bernama, April 13, 2022
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