Open support for Thomas as Harapan's AG nominee

The Pakatan Harapan candidate for the post of attorney-general, Tommy Thomas, has received open support from the coalition's leaders, and even some of its critics.

Calling Thomas a lawyer with high integrity and credibility, Sepang MP Hanipa Maidin pointed out that there is no legal or constitutional provision for the AG to be Malay or a Muslim.

"I believe that the Federal Constitution's supremacy and its spirit as a social contract needs to and should be respected as well as protected.

"From the online debates, it appears that there are once again attempts to play up issues of race and religion.

"To be honest, I am truly sick and tired of such racial issues," he said in a statement today.

Sources close to the government told Malaysiakini yesterday that Thomas was the Harapan government’s unanimous pick for AG, with his name submitted to the Yang di-Pertuan Agong about a week ago.

However, the choice of a non-Muslim for the post has reportedly prompted the Conference of Rulers to push for a Muslim candidate instead.

'Great candidate'

In his statement, Hanipa said that if the reports on Thomas being named AG were true, he would have absolutely no qualms backing the appointment.

He said this was also based on his personal experience of working with Thomas in a 2011 suit filed by Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) against former Harakaheditor Ahmad Lutfi Othman and Fahda Nur Ahmad Kamar. 

"Alhamdulillah we won at the High Court and Appeals Court. Syabas' application and appeal were rejected with costs.

"So the AG candidate (Thomas) in my view is a great and credible lawyer," said Hanipa.

Echoing Hanipa's sentiment was PSM central committee member S Arutchelvan, who credited Thomas for representing the party for free.

"When PSM's registration as a political party was denied during Mahathir's first era as a prime minister, Thomas worked as PSM's counsel for free because he said the denial was unjust and unconstitutional.

"He is a great person for the AG post. 

"He is brilliant, knows the law and is not corrupt," Arutchelvan said in a Facebook post.

'Up to PM to pick'

Responding to reports of the palace supposedly rejecting Thomas' candidacy, PKR vice-president N Surendran said the Yang Di-Pertuan Agong can only act on his own discretion in limited circumstances, as stated in Article 40(2) of the Federal Constitution.

"This royal discretion does not include the appointment of an AG, which must be in accordance with the advice of the prime minister.

"To summarise, the termination of the current AG and the appointment of a replacement by the King must both be done upon the advice of the PM," said Surendran.

In calling for a swift appointment of a new AG, Surendran also stressed that there should be no further delay in terminating the services of current AG Mohamed Apandi Ali – on garden leave since Harapan took over Putrajaya. 

"As things stand, Malaysia has no functioning AG. This situation cannot be allowed to continue," he said.

Pending the new appointment, the AG's duties are currently being performed by the solicitor-general.

Rais: Stop this bickering

Former minister Rais Yatim also urged the “bickering” over the choice of AG to end.

In a terse message on Twitter, he said the Agong, “with very limited exceptions”, stands advised on the government's choice of appointments, as per article 40 of the constitution.

“Let the PM get on with the job with his cabinet. There is nothing wrong with Tommy Thomas as AG.

“Stop this bickering when there is no legal ground to bicker,” he tweeted.