Kit Siang: Apandi should refund the millions he extracted from Gov’t to settle his lawsuit

FORMER attorney-general (AG) Tan Sri Mohamed Apandi Ali should refund the millions he had extracted from Putrajaya to settle his lawsuit against the Government for terminating his AG contract, said veteran lawmaker Lim Kit Siang. 

This is in light of the ruling by Justice Datuk Azimah Omar in the RM10 mil defamation suit Apandi had filed against the Iskandar Puteri MP. 

Apandi had sued Lim for defamation over an article published on his blog titled “Dangerous fallacy to think Malaysia’s on the road to integrity” that was published in 2019. 

In her scathing 100-page judgement, the judge, who had dismissed the suit, said that it was most telling and revealing evidence that Apandi overtly showed disinterest and indifference to elementary rule of law and even common sense. 

On this matter, Lim said Azimah’s judgement in Apandi’s defamation suit has shown Apandi’s failure to explain why: 

  • He absolved and exonerated Datuk Seri Najib Razak in the 1MDB scandal; 
  • He accepted the “fantastical” donation narrative without evidence; 
  • He closed investigations on the 1MDB scandal against advice of the Malaysian Anti-Corruption Commission (MACC) and his own internal task force; 
  • He refused either to accept or offer mutual legal assistance from the Swiss Attorney-General and the US Department of Justice to investigate the 1MDB scandal. 

On Oct 13, 2020, Apandi had filed the lawsuit against former prime minister Tun Dr Mahathir Mohamad and the federal government, seeking for court declarations that his dismissal as AG was unlawful and not in compliance with the Federal Constitution. 

In the lawsuit, Apandi had also sought for general damages, exemplary or punitive damages, as well as RM2,233,599.36 in special damages. 

In detailing the particulars of the special damages of over RM2.23 mil that he was seeking, Apandi had listed these as including loss of remuneration totalling RM1,285,213.68 from July 27, 2018 to July 26, 2021 (or RM35,700.38 in monthly remuneration over 36 months or three years). 

Apandi had previously served as a Federal Court judge, and was appointed as attorney general for a three-year term from July 27, 2015 to July 26, 2018. 

While he had accepted his reappointment as AG through a May 7, 2018 letter sent to the chief secretary of the Government, Apandi found his service as AG cut short after Dr Mahathir became prime minister from May 10, 2018. 

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

According to Lim, five days before the hearing of the case on April 18, 2022 the Government and Apandi had reached a settlement without Mahathir’s knowledge or consent. 

“As pointed out by Aliran’s P. Ramakrishnan, it was most improper for the present AG to settle Apandi’s suit, and for the terms of the settlement to be kept secret from the taxpayers,” Lim noted. 

“Horror of horrors, Apandi had not only failed to explain why he absolved and exonerated Najib in the 1MDB scandal when he was AG but had recently acted for one of the two creators of the 1MDB scandal, Jho Low, who wanted to reach a settlement with the Government over the 1MDB charges against him with a RM1.5 bil offer. 

“Can Apandi explain the legal, ethical and monetary basis for his acting for Jho Low after he had ‘absolved and exonerated’ Najib of the 1MDB scandal?” – July 26, 2022 

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