Dr Mahathir Mohamad has launched a salvo at former attorney-general Mohamed Apandi Ali, claiming that the testimony of former Bank Negara Malaysia (BNM) governor Zeti Akhtar Aziz at the 1MDB trial is proof of Apandi's dereliction of duty.
In a social media post, the former prime minister also questioned why former premier Ismail Sabri Yaakob’s government subsequently chose to settle Apandi's wrongful dismissal suit out of court.
"I was startled when I read the news report that, during the trial, Zeti stated that she had reported to the AG at that time - Apandi (above, left) - the wrongdoings of the staff of 1MDB.
"But the AG did not take any action. It seems to me like a dereliction of duty. Yet Apandi had sued me for wrongful dismissal. I was prepared to go to court to explain why I had to remove him," Mahathir said.
Mahathir dismissed Apandi soon after Pakatan Harapan formed the government in May 2018 and Tommy Thomas was appointed as AG in his place.
On Oct 13, 2020, Apandi filed an RM2.2 million suit against Mahathir and the government over his alleged unlawful termination.
Through the lawsuit, Apandi sought, 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.
Eventually, a settlement was recorded before High Court Judge Akhtar Tahir, on April 13, 2022.
BNM sent IP to AGC
In her testimony in the ongoing trial, Zeti confirmed that on Aug 13, 2015, BNM submitted an investigation paper (IP) to the AGC with a recommendation to initiate criminal prosecution and to charge 1MDB including the fund’s senior officers.
She said the entity and its officers were found to have contravened the Exchange Control Act 1953 for furnishing false information to BNM in the 1MDB application for permission to make payments outside Malaysia.
“Despite all the damning evidence gathered and recorded by BNM in the IP (on 1MDB) which was submitted, the then AGC (led by Apandi), for unknown reasons, had on Sept 11, 2015, decided that the IP submitted by BNM was to be classified as no further action (NFA)," Zeti testified.
Najib’s cases
Mahathir went on to criticise Apandi's handling of corruption charges against jailed former premier Najib Abdul Razak.
"Another example of Apandi’s wrongful decision was to dismiss all the cases against Najib. Yet when another AG (Thomas) brought Najib’s cases to court, three courts and nine judges found Najib guilty.
"Clearly, Apandi as AG did not study the case thoroughly before declaring that Najib had no case to answer.
"This again shows a dereliction of duty on the part of Apandi. Yet when he sued the government and me for wrongful dismissal, the government agreed to settle the case outside the court and awarded Apandi an unknown sum to drop his action," Mahathir added.
This, he said, meant that the government agreed that Apandi was wrongfully dismissed.
“I was not party to the settlement. I did not agree that I had wrongfully dismissed Apandi.
"Now the report that he failed to take action on BNM’s report, proves that he was not doing his duty as the AG. This further justifies his dismissal as AG.
"That such an AG should be compensated with unknown sums of money does not reflect well on the rule of law in this country," Mahathir said. - Mkini
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