KUALA LUMPUR: Former Attorney-General (AG) Tan Sri Mohamed Apandi Ali is demanding proof of the correspondence between former prime minister Tun Dr Mahathir Mohamad and the government on the decision to terminate his service as AG, three years ago.
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This is in relation to his discovery application to obtain documents regarding his termination in his RM2.2 million lawsuit against Dr Mahathir and the government.
He is also seeking a declaration that his sacking as AG was unlawful.
His lawyer Datuk Abdul Shukor Ahmad when contacted today said the documents his client had sought for were under the possession of the defendants and are not classified as official secrets.
“The documents are relevant to the case. They are in the possession of the defendants and the documents do not fall under official secrets,” he said.
Abdul Shukor said the High Court has fixed May 25 to deliver its decision on the application after hearing the matter today.
The hearing was conducted via Zoom before judicial commissioner Datuk Seri Latifah Mohd Tahar.
Meanwhile, in opposing the application, senior federal counsel Shamsul Bolhassan who acted for the defendants said he submitted that there was a high possibility that the unidentified documents sought are classified as “RAHSIA” under the Official Secrets Act 1972 and cannot be disclosed.
Among others, he said the application for discovery was too vague as it was couched in broad and vague terms such as “all correspondences” and “all other documents” and were not sufficiently specified.
He also said the application was a waste of time and that the former AG’s bid for discovery, inspection and production of the documents ought to be dismissed with costs.
Apandi filed the discovery application on Dec 11 last year seeking to obtain the documents.
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He said the documents could help him establish his claim that his termination may not have received the consent of the Yang di-Pertuan Agong.
In the application, he is seeking among others a court order to allow him to freely inspect and be furnished with a copy of documents or letters regarding the termination of his service.
He claimed that the documents were in the possession, custody or within the power of both Dr Mahathir and the government and it should be given to him to prove his lawsuit.
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 Attorney-General’s Chambers (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.
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 and a declaration that the first defendant 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.-NST