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KUALA LUMPUR: Tan Sri Mohamed Apandi Ali contends that Yang di-Pertuan Agong’s role was not considered in his removal from the post of attorney general in 2018.
Apandi said this in his response, which was submitted on November 25, to the defense statement presented by former Prime Minister Tun Dr. Mahathir Mohamad in a lawsuit initiated by Apandi.
The former attorney general had sued Dr. Mahathir and the government for RM2.2 thousand for his dismissal, claiming that the dismissal was illegal.
“The plaintiff will present evidence to establish that the role and satisfaction or pleasure of the Yang di-Pertuan Agong were not taken into account and disregarded by the first defendant (Dr. Mahathir) at all material time and therefore there is a constitutional failure in the process of termination of the plaintiff’s position as attorney general of the federation, “said the response.
Apandi said that Dr. Mahathir’s position, as stated in the latter’s defense statement, was not only untenable under the law, but suffered from a closed reading of the provisions of the Federal Constitution.
He also claimed that Dr. Mahathir had formed “a poisonous and therefore negative vision” against him and that Dr. Mahathir was “driven” to remove him from AG.
“Imbued with that determination, the plaintiff was fired unconstitutionally and illegally,” he said.
Apandi’s lawyer, Datuk Baljit Singh Sidhu, said the case was settled for case management on December 11.
“It is up to us to submit a discovery request for the purposes of certain documents,” he said.
On October 13, Apandi filed the lawsuit against Dr. Mahathir and the government for a statement that his dismissal from the attorney general position two years ago is illegal.
In its complaint brief, Apandi seeks, among others, a statement that the first accused had committed irregularities and misdemeanors in public office and a statement that the first accused had caused and induced the breach of contract between him and the government.
The former Federal Court judge also requests a statement that there was a breach of Article 145 of the Federal Constitution regarding his dismissal and a statement that his dismissal as Attorney General was not in accordance with the law and, therefore, illegal.
He requests special damages in the sum of 2,233,599.36 ringgit, general damages, exemplary and / or punitive damages, costs and other reparations that the court deems appropriate.
In a defense statement for the accused, Dr. Mahathir denied the abuse of power in connection with Apandi’s firing.
The defendants said that the termination of Apandi’s contract as legal officer was legal and adhered to legal provisions.
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