AGC says no to Apandi’s request for a settlement to his lawsuit

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Former Attorney-General (AG) Tan Sri Mohamed Apandi Ali has requested for his lawsuit against the government and former prime minister Tun Dr Mahathir Mohamad to be resolved through mediation.

Bernama

Apandi is suing the parties over his alleged wrongful termination as AG, three years ago.

However, senior federal counsel Shamsul Bolhassan who represented the defendants said the AGC does not agree with Apandi’s request.

Shamsul confirmed that the AGC had received an email from Apandi’s lawyer requesting for the case to go through a mediation process.

“However, we have no intention to refer the case for mediation.

“We do not agree with the case going through mediation and we have e-mailed the plaintiff’s lawyer about this,” he told the New Straits Times.

Meanwhile, Apandi’s lawyer Datuk Abdul Shukor Ahmad when contacted said he sent a request to the AGC for the case to go for mediation.

The request, he said was sent via e-mail on May 21.

“We have sent a request for mediation and are awaiting a reply from the AGC.

“He (Apandi) is ready for trial, but he is also prepared to mediate if the defendants wish to do so,” he said.

He said during the proceeding which was conducted via e-Review today, High Court judicial commissioner Datuk Seri Latifah Mohd Tahar fixed Sept 29 for further case management.

On Oct 13, last year, Apandi filed the suit to seek a declaration that his termination as AG was unlawful.

The suit was filed after the AGC did not respond to his letter of demand which was served to it on Sept 30, last year.

The former AG in the letter demanded the AGC respond to his claim of restitution and unspecified damages within seven days from 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. – NST

In his statement of claim, Apandi, who was a Federal Court judge before being appointed as AG in 2015, is seeking a declaration that the first defendant (Dr Mahathir) had committed a misfeasance and misconduct in public office.

He is also seeking a declaration that Dr Mahathir had caused and induced the breach of contract between him and the government of Malaysia.

He also wants a declaration that there was a failure of compliance with Article 145 of the Federal Constitution over his termination and a declaration that his termination as AG was not in accordance with law and hence unlawful.

Apandi is seeking special damages in the sum of RM2,233,599.36, general damages, exemplary and/or punitive damages, costs and other reliefs deemed fit by the court.

In a statement of defence filed on Nov 12, last year, the defendants claimed that there was no abuse of power by Dr Mahathir in the termination of Apandi from his service as AG.

The defendants claimed that the termination of Apandi’s contract was in accordance with the legal provisions and a letter by the Judicial and Legal Service Commission dated July 27, 2015.