MOHAMED Apandi Ali was in tears at the Kuala Lumpur High Court today when recalling his tenure as the attorney-general (AG) from 2015 to 2018, during the trial of his defamation suit against DAP adviser Lim Kit Siang over an article on the 1Malaysia Development Berhad (1MDB) scandal.

He could not hold his emotions after responding to a question by his lawyer M. Visvanathan on the third day of the trial before judge Azimah Omar.

Answering his lawyer’s question over a foreign news article about the scandal raised by Lim’s lawyers yesterday, Apandi said the New York Times report appeared immediately after his press conference on January 26, 2016.

He said as the AG he played the dual role of legal adviser to the government and the public prosecutor, and hence did not have much time to read local or foreign newspapers.

Apandi said that as the legal adviser, his duty was not limited to the federal government but was also the principal legal adviser for all the states in Malaysia.

“(In) my position as public prosecutor, there are thousands of investigation papers all over the country, which of course I delegated to my officers in the respective states except for high-profile cases. That’s how busy I was. I could not take any leave as this job is no walk in the park. It was definitely a heavy burden that has taken a toll on my health.

“I’m now subject to National Heart Institute check-ups because of the stress,” he added.

He said he was appointed as AG at 65 and did not clock the full number of years and months to receive a full pension.

“That is the sacrifice I have made because I was given the job of AG and the post of AG is not a pensionable post. It was a contract post; there is no pension attached to me.

“Thank you for allowing me to express (myself). I’ve been keeping this. People condemn me. Sorry I could not proceed,” he said with tears running down his cheeks while his lawyers tried to calm him down.

Apandi further said he never asked or lobbied to be the AG.

“I was functioning as federal court judge looking forward to retire when I was suddenly appointed as AG,” he said.

The court then took a one-hour break before Apandi continued with his testimony.

On July 5, 2019, Apandi sued Lim, claiming that on May 6, 2019, Lim had written and caused to be published an article titled “Dangerous fallacy to think Malaysia’s on the road to integrity” in Malaysiakini.

He claimed that the alleged libellous words in the article implied he was involved in crime and had abetted in the 1MDB financial scandal, was a person with no morals and integrity, was unethical and had abused his power when he was the AG.

Apandi, who was the AG from July 27, 2015 to June 4, 2018, contended that the libellous words were untrue and written with the intention of tarnishing his image and credibility as a former Malaysian AG for cheap publicity.

He is seeking aggravated and exemplary damages, as well as RM10 million in general damages, an injunction to prevent Lim and/or his agents from publishing the alleged defamatory words again and other relief deemed fit by the court.

The hearing before Azimah continues tomorrow. – Bernama, April 7, 2021.