Gani’s removal as A-G may be unconstitutional, says DAP

Gobind Singh Deo says the removal of Tan Sri Abdul Gani Patail as Attorney-General may be unconstitutional. – The Malaysian Insider filepic, July 28, 2015.

The removal of Tan Sri Abdul Gani Patail from his Attorney-General's (A-G) post may be unconstitutional, DAP said today, as it did not follow certain provisions before terminating his service.

DAP legal bureau chief Gobind Singh Deo said that the Federal Constitution provided for a tribunal to determine if an A-G can be removed.

Gani's removal was also peculiar since he said he was unaware of it, Gobind added.

The Malay Mail Online had reported Gani's surprise at the change, quoting him saying, "I don't know, OK? I don't want to say a word right now."

Gani's replacement by Federal Court judge Tan Sri Mohamed Apandi Ali was announced by the chief secretary to the government today.

According to Gobind, Article 145 (6) states that an A-G shall not be removed except on "like grounds and in the like manner as a judge of the Federal Court".

Article 125 (3) regulates the manner in which a federal court judge may be removed.

If the prime minister recommends the removal of a judge to the Yang di-Pertuan Agong for "breach of any code of ethics or on grounds or inability of body or mind, or any other cause" – the Agong shall appoint a tribunal and remove the judge on the recommendation of the tribunal.

"It appears from a reading of this provision that a tribunal would be required to determine if an Attorney-General should be removed.

"His services cannot simply be terminated because of health reasons," Gobind said in a statement.

He added that what had transpired was a serious matter as the A-G had sole powers to institute criminal proceedings and urged Putrajaya to explain its actions.

Gobind also highlighted the fact that Gani was part of the special task force probing the scandal involving 1Malaysia Development Berhad (1MDB) and the prime minister.

"He must have security of tenure in order to carry out his duties without fear or favour and he cannot be removed from office just like that.

"In this case, Tan Sri Gani was also part of the special task force probing matters relating to 1MDB and the prime minister, so how can he just be removed from office in an instant?" said Gobind, who is also Puchong MP.

Gobind expressed concern that this could set a dangerous precedent and could damage the independence of an A-G, adding that if nothing was done, there was bound to be a collapse of the criminal justice system.

"We cannot have this. If it is unconstitutional, then it must be corrected forthwith.

"If nothing is done and it is allowed to remain, then we should be prepared for a complete collapse in our criminal justice system and more in the making," he said.

The government task force, made up of Gani, Bank Negara governor Tan Sri Dr Zeti Akthar Aziz, Malaysian Anti-Corruption Commission chief Tan Sri Abu Kassim Mohamed and Inspector-General of Police Tan Sri Khalid Abu Bakar, is investigating claims in The Wall Street Journal that RM2.6 billion was deposited into Datuk Seri Najib Razak's personal accounts.

- TMI