KUALA LUMPUR, April 13 — The Malaysian government today reached an amicable settlement with former attorney general Tan Sri Mohamed Apandi Ali, who filed a lawsuit against it seeking over RM2.23 million in compensation after being terminated from that post in June 2018.
Datuk Baljit Singh Sidhu, one of the lawyers representing Apandi, confirmed that the lawsuit was settled this morning in the High Court.
“On the basis of without prejudice, the government agreed to settle this lawsuit without any admission of liability. The terms of settlement are confidential.
“The case was struck off without liberty to file afresh and with no order as to costs,” he said in a statement.
When contacted by Malay Mail, Baljit confirmed that a consent judgment on the settlement was recorded before High Court judge Datuk Akhtar Tahir.
Baljit also confirmed to Malay Mail that the entire lawsuit is settled as Apandi’s lawsuit was filed against both the federal government and Tun Dr Mahathir Mohamad in his capacity as the then prime minister.
The other lawyers for Apandi today are Datuk Abd Shukor Ahmad and Nor Shahadah Saari.
The Malaysian government was represented by senior federal counsel Donald Joseph Franklin, Shahriah Shapiee and Abdul Hakim Ab Keram @ Ab Karem.
On October 13, 2020, Apandi filed the lawsuit against Dr Mahathir and the federal government, seeking for court declarations that his dismissal as attorney general was unlawful and not in compliance with the Federal Constitution.
In the lawsuit, Apandi had also sought for general damages, exemplary or punitive damages, as well as RM2,233,599.36 in special damages.
In detailing the particulars of the special damages of over RM2.23 million that he was seeking, Apandi had listed these as including loss of remuneration totalling RM1,285,213.68 from July 27, 2018 to July 26, 2021 (or RM35,700.38 in monthly remuneration over 36 months or three years).
Apandi had previously served as a Federal Court judge, and was appointed as attorney general for a three-year term from July 27, 2015 to July 26, 2018.
In this lwsuit, Apandi said the chief secretary of the government had in an April 6, 2018 letter informed him that the Agong had on March 3, 2018 consented to his appointment as attorney general again from July 27, 2018 onwards.
Apandi had also said he had accepted his reappointment as AG through a May 7, 2018 letter sent to the chief secretary of the government, but said his service as AG was later cut short after Dr Mahathir became prime minister from May 10, 2018.
Apandi had claimed that Dr Mahathir had instructed the chief secretary of the government to convey the instructions for Apandi to take a 30-day unrecorded leave from May 14, 2018 until June 14, 2018, and that 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.
In 2015 when Apandi was first appointed as AG to replace Tan Sri Abdul Gani Patail, Datuk Seri Najib Razak was the prime minister heading the Barisan Nasional administration.
After his service as AG was terminated in 2018, Apandi had resumed private practice as a lawyer while lawyer Tan Sri Tommy Thomas was appointed to replace him for the AG post for two years.
Thomas subsequently stepped down from the post in late February with the change of the government from Pakatan Harapan to Perikatan Nasional, with Federal Court judge Tan Sri Idrus Harun then appointed as the current AG for a two-year term from March 2020.
Idrus is still serving as the attorney general, as he has been reappointed to the position for a one-year period from March 6, 2022.
