Malaysia's ex-attorney general says his sacking by Mahathir govt unlawful

Malaysia's former attorney general Mohamed Apandi Ali was appointed in 2015, and re-appointed in 2018 during the Najib Razak administration. PHOTO: THE STAR/ASIA NEWS NETWORK

KUALA LUMPUR (THE STAR/ASIA NEWS NETWORK) - Malaysia's former attorney-general, Tan Sri Mohamed Apandi Ali, has sent a letter of demand to the Attorney-General's Chambers seeking restitution over his termination from the post two years ago, which he says is unlawful.

In the letter of demand, which was served through law firm Shukor Baljit and Partners, Mr Apandi said his termination was orchestrated and decided by then Prime Minister Mahathir Mohamad.

The former Federal Court judge, 70, was appointed the attorney-general in 2015, and reappointed in 2018 during the Najib Razak administration.

Mr Apandi on Jan 26, 2016, cleared then premier Najib of any criminal offences or corruption in the case related to state fund 1MDB.

On Thursday (Oct 1), he said he was appointed attorney-general on July 27, 2015, with the consent of the Malaysian King, for a period of three years until July 26, 2018 and that the appointment could be terminated only in accordance with Article 145 (5) of the Federal Constitution.

He said the then Chief Secretary to the Government had notified him of his reappointment with effect on July 27, 2018, through a letter on April 6 that year and that he accepted the reappointment on May 7, 2018.

Tun Dr Mahathir was sworn in as Malaysia's prime minister on May 10 that year, a day after the Pakatan Harapan coalition won federal power by ousting the Najib-led Barisan Nasional government.

PM Mahathir then announced on May 14 that Mr Apandi had been told to go on leave. In June, Mr Apandi was succeeded by Tan Sri Tommy Thomas.

Mr Apandi said that on June 5, 2018, he was notified that the King had consented to his termination but he was never furnished with any document that proved the royal consent.

He said Dr Mahathir had "arrogated to himself the power of termination unlawfully".

Mr Apandi added that the then Prime Minister had abused his position, committed misconduct as a public officer and committed misfeasance in public office.

As a result, he said he suffered losses and damages, including the loss of earnings, allowances and other benefits from July 27, 2018, till July 26, 2021.

Mr Apandi's lawyer, Datuk Baljit Singh Sidhu, said the letter of demand was sent to the Attorney-General's Chambers on Wednesday (Sept 30).

Mr Apandi demands an offer of restitution and unspecified damages within seven days of the date on the letter, failing which he would start legal proceedings.

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