KUALA LUMPUR: Former prime minister Tun Dr Mahathir Mohamad has denied any abuse of power over the termination of Tan Sri Mohamed Apandi Ali as the attorney general in 2018.
This was said in the statement of defence filed by Dr Mahathir and the Federal Government as the first and second defendants respectively in a RM2.2mil suit filed against them by Apandi.
The statement of defence was signed by the Senior Federal Counsel from the Attorney General’s Chambers and filed on Thursday (Nov 12).
In the statement, which was sighted by The Star, the defendants said the termination of Apandi’s contract as a legal officer was lawful and adhered to legal provisions.
The defendants further said there was nothing in the plaintiff’s pleading that constituted the latter as deserving to receive exemplary or punitive damages.
They said in any situation, the plaintiff was not entitled to the reliefs he prayed for.
They also said the plaintiff’s claim was without merit and a misrepresentation of the law.
“We humbly pray for the plaintiff’s claims to be dismissed with costs, ” it said.
The case was brought up for online case management before High Court deputy registrar Norhatini Abd Hamid on Friday (Nov 13).
A check on the e-filing system showed that the case has been fixed for further case management via e-review on Dec 3.
On Oct 13, Apandi filed the lawsuit against Dr Mahathir and the government for a declaration that his termination from his position as attorney general two years ago was unlawful.
In his statement of claim, Apandi is seeking, among others, a declaration that the first defendant 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.
The former Federal Court judge is also seeking a declaration there was a failure of compliance with Article 145 of the Federal Constitution over his termination and a declaration that his termination as the attorney general was not in accordance with law and hence unlawful.
He 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.