The Kuala Lumpur High Court has advised mediation in Mohamad Apandi Ali's suit over his alleged wrongful termination as attorney-general (AG) three years ago.
The court issued the recommendation to parties via a letter dated May 10 this year. Apandi is the plaintiff while the defendants are former prime minister Dr Mahathir Mohamad and the government.
The former AG’s counsel Baljit Singh Sidhu confirmed this when contacted today.
“The mediation is scheduled to be fixed later,” the lawyer said after online case management of the suit before the court this morning.
When contacted today, senior federal counsel Shamsul Bolhassan, who acts for the two defendants, clarified that it was Apandi’s side who was agreeable with mediation, while they did not agree with the proposal.
“(The court) may have proposed the mediation and the plaintiff (Apandi) agreed to mediate, but we did not agree (with the proposal),” said Shamsul.
According to the May 10 letter sighted by Malaysiakini, the court encouraged parties to refer the matter to the Kuala Lumpur Mediation Centre at the Kuala Lumpur Courts Complex.
Signed by Kuala Lumpur High Court senior registrar Norhatini Abd Hamid, the letter also enclosed a standard operating procedure in relation to the ongoing movement control order, as well as an ‘Agreement to Mediate’ form.
On Oct 13 last year, Apandi filed a suit against Mahathir and the government over his alleged unlawful termination as AG during the previous Pakatan Harapan administration in 2018.
Through the lawsuit, Apandi seeks, among others, declarations that first-listed defendant Mahathir had committed misfeasance or misconduct in public office, and that the latter had caused and/or induced a breach of contract between the plaintiff and the second defendant, namely the government.
However, through a statement of defence filed in November last year, Mahathir and the government insisted that the termination of the contract was valid and in accordance with the provisions of the Federal Constitution.
Baljit added that his client has been given the documents linked to his termination.
The court has fixed Sept 29 for further case management of the suit.
Previously on May 25, High Court judicial commissioner Latifah Mohd Tahar partly allowed Apandi’s discovery application to obtain correspondence related to the Yang di-Pertuan Agong’s assent for his termination.
Under Malaysia’s constitutional monarchy system, the Agong as a general rule acts on the advice of the prime minister, such as on the appointment of an AG. - Mkini
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