Tan Sri Mohamed Apandi Ali has sent a letter of demand to the Attorney General’s Chambers (AGC) yesterday demanding restitution and unspecified damages over his termination as Attorney-General (AG) two years ago, which he claims as unlawful.
Apandi’s claims:
- His termination orchestrated and decided by then PM Dr Mahathir who had abused his position and misconducted himself as a public officer and committed the tort of misfeasance in public office
- Dr Mahathir’s conduct was with intent on breach of contract, between the Malaysian Government and Apandi
- His termination was unlawful, null and void
- He suffered losses and damages, including the loss of earnings, allowances and other benefits from July 27, 2018 until July 26, 2021
The letter, dated Sept 30 via law firm Messrs Shukor Baljit & Partners, was served to the AGC yesterday.
Apandi’s lawyer, Datuk Baljit Singh, confirmed this matter today.
In the letter, the former AG demands the AGC to respond to his claim of restitution and unspecified damages within seven days of 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.
The letter of demand does not state any amount for the compensation sought.
Apandi said he was appointed as the AG on July 27, 2015, with the consent of the Yang di-Pertuan Agong for a period of three years until July 26, 2018, and the consent was given pursuant to the advice given by the Prime Minister at that time in a letter dated July 27, 2015.
Apandi said the appointment could only be terminated pursuant to Article 145 (5) of the Federal Constitution.
He claimed that on April 6, 2018, the Chief Secretary to the Government had notified him that the Yang di-Pertuan Agong had on March 30, 2018, consented to his reappointment with effect on July 27, 2018, which he accepted through a letter dated May 7, 2018.
Although this was not stated by Apandi’s lawyers, the 14th general election was held two days later on May 9, 2018, with the Najib-led BN administration defeated by the Pakatan Harapan coalition led by Dr Mahathir Mohamad that then came into federal power.
Apandi’s second term as AG was subsequently cut short, barely a month after Dr Mahathir became prime minister.
According to Apandi’s lawyers, the chief secretary of the government had in a June 5, 2018 letter notified him that the Yang di-Pertuan Agong had consented to the termination of his appointment as the attorney-general.
“Our client however was not furnished with any document evidencing the consent of the Yang di-Pertuan Agong,” Apandi’s lawyers claimed.
Apandi claimed that his termination was orchestrated and decided by the then Prime Minister who had “arrogated to himself the power of termination unlawfully”.
Apandi, who was formerly a Federal Court judge, claimed that Dr Mahathir had abused his position and misconducted himself as a public officer and committed the tort of misfeasance in public office.
He further claimed that the then Prime Minister’s conduct was with intent on breach of contract between the Malaysian Government and himself.
Apandi categorically stated that his termination was unlawful, null and void.
As a result, he said he suffered losses and damages including the loss of earnings, allowances and other benefits from July 27, 2018, until July 26, 2021.
On May 2018, it was reported that Dr Mahathir had said Apandi was given 30 days’ unrecorded leave from May 15, 2018.
Kelantan-born Apandi was appointed as AG, replacing Tan Sri Abdul Gani Patail whose tenure was terminated due to health reasons.
On June 2018, Tan Sri Tommy Thomas was appointed as the AG replacing Apandi. However, Thomas resigned as AG on Feb 28, this year, following the fall of the Pakatan Harapan government.
Former Federal Court Judge Tan Sri Idrus Harun, had was appointed as the new AG on March 6, 2020.
Apandi, when asked on why he took the action after two years of his termination, said he had no real reason to do so.
“But it took me two years to ponder over the possible issues involved and the narratives leading to my dismissal,” he told Bernama via WhatsApp.
“Just exercising my legal rights against an abuse of position and power by the former PM, Dr Mahathir, in removing me as the AG without valid reasons, after an extension of my tenure as AG was given (with the consent of the King),” he said.
Pursuant to Section 6(1)(a) of the Limitation Act 1953 (Limitation Act), actions in contract and tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. The six-year limitation period applies notwithstanding when the plaintiff discovers the damages.
Apandi has now resumed private practice under a law firm named after him.
During his tenure as AG, Apandi had on January 26, 2016 cleared then-PM Najib of any wrongdoing in cases linked to 1Malaysia Development Berhad (1MDB), stating that he was satisfied that no criminal offence had been committed by the prime minister in the SRC International Sdn Bhd case and the deposit of over RM2 billion into Najib’s private bank accounts.