Court To Hear Apandi S Discovery Application In March

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Mohamed Apandi Ali is suing then prime minister Dr Mahathir Mohamad and the government for unlawful termination. (Bernama pic)KUALA LUMPUR: The High Court will hear on March 29 a discovery application by former attorney-general (AG) Mohamed Apandi Ali who is suing then prime minister Dr Mahathir Mohamad and the government for unlawful termination.
Lawyer Abdul Shukor Ahmad said the date was fixed by judicial commissioner Latifah Mohd Tahar during an e-review case management yesterday.
“The judge had directed parties to file written submissions by Feb 2 and reply on Feb 23. The discovery application hearing will be on March 29,” he said.
Shukor said the proceeding would be by way of physical hearing.
In the application filed on Dec 11, Apandi 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 of the government and it should be given to him to prove his lawsuit.
On Oct 31, Apandi filed the lawsuit, seeking a declaration that the termination of his services in 2018 by Mahathir was unlawful.
He is asking for RM2,233,599.36 in special, punitive and general damages to be assessed by the court.
The government has denied Apandi’s contention that Mahathir committed a tort of misfeasance in public office through several actions, including making “biased” statements against Apandi, proposing for Apandi’s replacement before the lawful termination was made by the Yang di-Pertuan Agong, and using “third parties” such as Mahathir’s personal lawyer to pressure Apandi to quit.
Apandi also claimed that Mahathir had formed a biased view of him and had decided on his termination irrespective of the King’s power under the Federal Constitution.
“The defendant (Mahathir) had taken the actions with the intent to cause and/or to induce the breach of the contract,” he said, adding that the government was liable for Mahathir’s actions and omissions.
Apandi, also a former judge, was appointed as the AG on July 27, 2015. His contract was to have ended on July 26, 2018.
He said the chief secretary to the government had informed him through a letter before the 14th general election that his tenure would be extended by three years.
However, he said, the chief secretary issued him a letter on June 5, 2018, informing him the King had consented to the termination but he (the chief secretary) did not furnish any document of the ruler’s approval. - FMT

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