Settlement terms in Apandi’s suit against Dr M, govt classified under OSA

 

Apandi Ali (left) sued the government in September 2020, seeking a declaration that the termination of his services as attorney-general by Dr Mahathir Mohamad in 2018 was unlawful.

PETALING JAYA: The terms and conditions governing the settlement of a civil suit brought against Dr Mahathir Mohamad by a former attorney-general over his sacking have been classified as secret under the Official Secrets Act 1972.

Law and institutional reform minister Azalina Othman said Apandi Ali and the Attorney-General’s Chambers had agreed not to disclose the terms of the settlement.

“In line with the agreement, all communication related to the settlement and the terms that were agreed upon have been classified under the Official Secrets Act,” she said in a written parliamentary reply to M Kula Segaran (PH-Ipoh Barat).

Kula had asked the prime minister to reveal the sum paid out by the government to Apandi pursuant to the out-of-court settlement reached.

In April last year, Apandi settled his suit against the government and the former prime minister over his alleged “unlawful sacking” in 2018.

Apandi’s lawyer, Baljit Singh Sidhu, said at that time that they could not disclose the terms of the settlement.

However, Mahathir later expressed his dissatisfaction over the private terms of the settlement, saying he was “surprised” they had been kept away from the public eye.

Apandi had filed the suit in September 2020, seeking a declaration that the termination of his services as attorney-general by Mahathir in 2018 was unlawful.

He asked for RM2,233,599.36 in special, punitive and general damages to be assessed by the court.

Apandi, a former Federal Court judge, was appointed the attorney-general on July 27, 2015. His contract was to have ended on July 26, 2018.

He said that before the 14th general election, the chief secretary to the government had informed him in a letter his tenure would be extended by three years.

However, in a subsequent letter dated June 5, 2018, the chief secretary informed him that the Yang di-Pertuan Agong had consented to the termination although no supporting document was given to show the royal approval.

The government, in its defence, said Mahathir did not play any role in the termination of Apandi’s services and that the termination of the contract was carried out according to the law. - FMT