Federal counsel Shamsul Bolhassan said the request for all other correspondence between then prime minister Dr Mahathir Mohamad, the government and the King was dismissed.
“The court only partially allowed the discovery application by the plaintiff (Apandi),” he told FMT after judicial commissioner Latifah Mohd Tahar delivered her verdict via an online proceeding.
Shamsul said he would obtain instruction from his superiors on whether to appeal the decision by the judge.
Lawyer Abdul Shukor Ahmad represented Apandi. Latifah, meanwhile, fixed another case management for July 6.
In the discovery application filed on Dec 11, Apandi applied, among other things, for a court order to allow him to freely inspect and be provided with copies of documents or letters regarding the termination of his service.
He had earlier – on Oct 31 – filed his lawsuit seeking a declaration that the termination of his service in 2018 by Mahathir was unlawful.
He is asking for RM2,233,599.36 in special, punitive and general damages.
The government has denied Apandi’s contention that Mahathir committed a tort of misfeasance in public office through several actions, including making “biased” statements against Apandi, proposing Apandi’s replacement before the lawful termination was made by the King and using “third parties”, such as Mahathir’s personal lawyer, to pressure Apandi to quit.
Apandi also claimed that Mahathir had formed a biased view of him and had decided on his termination irrespective of the King’s power under the Federal Constitution.
Apandi, a former Federal Court judge, was appointed as the 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, he said, the chief secretary issued him a letter on June 5, 2018, informing him the King had consented to the termination. According to Apandi, the chief secretary did not furnish any document to show the ruler had indeed approved the shortening of his service.