PUTRAJAYA must be transparent about the terms of settlement reached with former attorney-general Apandi Ali, especially if it involves monetary compensation, Dr Mahathir Mohamad said today.
The former prime minister also questioned the government’s decision to reach a settlement over Apandi’s termination, given that it was done according to procedure.
“I was shocked when I read that the government had reached an out-of-court settlement with Apandi, while the terms were kept secret,” he said in a Facebook post.
“The government should not bow down to Apandi given that his termination was done in accordance with the power vested in the government.
“I don’t understand why the settlement must be kept a secret from the public if it was done according to the rule of law.
“Settling with an individual who failed to do his duties is regrettable,” he wrote in the post.
The Langkawi PM added that Apandi was terminated for his inability to be objective, especially when it came to investigations against former prime minister Najib Razak.
“There is no way he could have acted objectively, given that he was Umno’s lawyer for a long time.
“He would not have acted fairly in the 1MDB investigations and in the judgment of Najib’s wrongdoings.”
Apandi had filed the suit in September 2020, seeking a declaration that the termination of his services as attorney-general in 2018 by Dr Mahathir was unlawful.
He asked for RM2,233,599.36 in special, punitive and general damages, to be assessed by the court.
However, on April 13, Apandi’s counsel Baljit Singh Sidhu said Putrajaya had reached an amicable settlement on the former’s lawsuit over his termination in 2018.
Baljit said that a consent judgment on the settlement was recorded before High Court judge Akhtar Tahir.
“Without prejudice, the government agreed to settle the action without admission of liability. The terms of the settlement remain confidential,” Baljit told the media.
“The case was struck off without liberty to file afresh and with no order as to costs.”
Baljit also confirmed that the suit was settled as Apandi’s claim was filed against both the government and Dr Mahathir Mohamad in his capacity as the then prime minister.
Apandi, who was a former judge, was appointed attorney-general 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, in a letter dated June 5, 2018, the chief secretary informed him that the Yang di-Pertuan Agong had consented to the termination of his services but did not furnish any document on the royal approval.
The government, in its defence, said Dr Mahathir did not play any role in the termination of Apandi’s services.
It said any decision to terminate Apandi’s contract was carried out according to the law. – May 6, 2022.
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