Documents sought over Apandi’s firing not classified, says counsel

 

Former attorney-general Apandi Ali (left) is seeking a declaration that his dismissal by Dr Mahathir Mohamad was unlawful.

KUALA LUMPUR: The High Court was told today that former attorney-general Mohamed Apandi Ali, who is suing then prime minister Dr Mahathir Mohamad and the government for unlawful termination, is seeking documents to help prove his claim.

His lawyer, Abdul Shukor Ahmad, said this was because his client’s case was that the Yang di-Pertuan Agong did not need to act on the advice of Mahathir to sack Apandi.

“Even if the King were to act on the prime minister’s advice, it must be done objectively and not coloured by the personal views of Mahathir,” Shukor said in his submission.

The proceedings, before judicial commissioner Latifah Mohd Tahar, were conducted virtually.\

Shukor said Mahathir had committed the tort of misfeasance in public office as he had made up his mind to sack Apandi without considering the views of the King.

He said all the documents sought from the government were not classified under the Official Secrets Act.

In his response, senior federal counsel Shamsul Bolhassan submitted that Apandi’s application was too vague and there was a “high possibility” that the unidentified documents sought were classified.

Shamsul said Apandi was clearly on a “fishing expedition seeking to trawl the defendants’ internal documents which he obviously did not appear to have any knowledge of”.

“The court ought not to grant the plaintiff a ‘fishing licence’ by allowing the present application,” he said.

He said the application failed to show the relevance and necessity to secure the documents.

“The application is a waste of time. The defendants humbly view the application for discovery, inspection or production of documents be dismissed with costs,” he said.

In the application filed on Dec 11, Apandi applied, among others, for a court order to allow him to freely inspect and be provided with copies of documents or letters regarding the termination of his service.

He had earlier, on Oct 31, filed his lawsuit seeking a declaration that the termination of his services in 2018 by Mahathir was unlawful.

He is asking for RM2,233,599.36 in special, punitive and general damages to be assessed by the court.

The government has denied Apandi’s contention that Mahathir committed a tort of misfeasance in public office through several actions, including making “biased” statements against Apandi, proposing for Apandi’s replacement before the lawful termination was made by the King and using “third parties” such as Mahathir’s personal lawyer to pressure Apandi to quit.

Apandi also claimed that Mahathir had formed a biased view of him and had decided on his termination irrespective of the King’s power under the Federal Constitution.

Apandi, who is also a former Federal Court judge, was appointed as the attorney-general on July 27, 2015. His contract was to have ended on July 26, 2018.

He said the chief secretary to the government had informed him through a letter before the 14th general election that his tenure would be extended by three years.

However, he said, the chief secretary issued him a letter on June 5, 2018, informing him the King had consented to the termination but he (the chief secretary) did not furnish any document of the ruler’s approval.

Latifah will deliver her ruling on May 25. - FMT

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