PUTRAJAYA, Dec 7 ― Former attorney general (AG) Tan Sri Mohamed Apandi Ali has filed an application to obtain leave to pursue his appeal in the Federal Court against the Court of Appeal’s decision in dismissing his RM10 million defamation lawsuit against DAP veteran Tan Sri Lim Kit Siang.

Mohamad Apandi’s lawyer Rueben Mathiavaranam, when contacted, confirmed the leave to appeal application was filed on December 1.

Rueben said five legal questions were proposed in the leave to appeal application including a question on whether on matters involving Mohamad Apandi’s actions or inactions in his role and office as the attorney general, including the exercise of prosecutorial discretion under Article 145(3) of the Federal Constitution is justiciable or not.

On November 2, the Court of Appeal dismissed Mohamad Apandi’s appeal to set aside the decision of a High Court which dismissed his suit and ordered him to pay RM100,000 in costs.

The three-member bench comprising Court of Appeal judges Datuk Hadhariah Syed Ismail, Datuk M. Gunalan and Datuk Azmi Ariffin, unanimously held that Mohamed Apandi’s appeal did not have merit.

Justice Hadhariah who read out the court’s decision held that Lim had successfully raised the defence of justification and fair comment to ward off the suit.

On May 23 last year, the High Court in Kuala Lumpur dismissed Mohamed Apandi's suit against the DAP veteran and the former AG subsequently filed the appeal to the Court of Appeal on May 24 last year.

Mohamed Apandi sued Lim for allegedly defaming him in an article on the 1Malaysia Development Berhad (1MDB) scandal. ― Bernama