
Responding to Apandi’s RM2.2 million lawsuit against Mahathir and the government, it said any decision to terminate his contract as Malaysia’s legal adviser was done according to the law.
“There was no misuse of power by the former prime minister (who is named as the first defendant) over the termination.
“We contend that this claim has no merits and the plaintiff (Apandi) is not entitled to seek any damages or declarations in the courts,” the government said.
Apandi filed the lawsuit last month, 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 also 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 Yang di-Pertuan Agong, 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.
“The defendant (Mahathir) had taken the actions with the intent to cause and/or to induce the breach of the contract,” he said, adding that the government was liable for Mahathir’s actions and omissions.
Apandi, also a former judge, was appointed as the AG 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.