Mohamed Apandi's discovery application to be heard on March 29

KUALA LUMPUR: Tan Sri Mohamed Apandi Ali’s application to obtain documents related to the termination of his service as Attorney-General (AG) in a RM2.2 million lawsuit against former prime minister Tun Dr Mahathir Mohamad and the Malaysian government, will be heard on March 29.

Mohamed Apandi’s counsel Datuk Baljit Singh Sidhu said High Court judicial commissioner Datuk Seri Latifah Mohd Tahar fixed the date when the matter came up for case management via e-Review today.

“The judge had directed parties to file written submissions by Feb 2 and submit the reply on Feb 23. Hearing for the discovery application will be on March 29,” he said when contacted via Whatsapp.

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

He said the documents were in the possession, custody or within the power of both defendants and it should be given to the plaintiff to prove his lawsuit.

On Oct 13, last year, Mohamed Apandi filed a suit naming Dr Mahathir and the government, respectively, as the first and second defendants, seeking, among other things, a declaration that his dismissal as AG made by the former prime minister was unlawful.

In his statement of claim, Mohamed Apandi, who was a Federal Court judge before being appointed as AG in 2015, is also seeking a declaration that the first defendant had committed 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.

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 the law and hence unlawful.

Mohamed 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, both the defendants stated that there was no abuse of power by the first defendant, Dr Mahathir, regarding the termination of Mohamed Apandi as AG and the termination of his contract as a legal officer.

-- BERNAMA