Gani’s Patail’s removal unconstitutional, says Gobind
The circumstances of the Attorney-General’s removal from office are peculiar, says the MP for Puchong.
(Free Malaysia Today) – The removal of Abdul Gani Patail as Attorney-General (AG) may well be unconstitutional, says DAP’s Gobind Singh Deo.
In a statement today, the Puchong MP pointed out that Article 145(6) of the Federal Constitution did not allow for the removal of an AG from office except on like grounds and in the like manner as a judge of the Federal Court would.
“It appears that a tribunal would be required to determine if an Attorney-General should be removed,” said Gobind, referring to Article 125(3) of the Constitution which regulates the manner of the removal of a judge of the Federal Court.
“His services cannot simply be terminated because of health reasons.”
Article 125(3) states that if the Prime Minister, or Chief Justice, after consulting the Prime Minister, asks the King to remove a judge of the Federal Court, “the Yang Di-Pertuan Agong shall appoint a tribunal in accordance with Clause 4 and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.”
“The position is made even more peculiar now that Tan Sri Gani Patail is reported to have said he is unaware of his removal,” commented Gobind.
He said that the AG had sole powers to institute criminal proceedings under the Constitution and required security of tenure to carry out his duties unhindered.
“In this case , Tan Sri Gani was also part of the Special Task Force probing matters relating to 1MDB (1Malaysia Development Berhad) and the Prime Minister. So how can he just be removed from office in an instant?” he asked.
“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 that Gani Patail’s removal from office could possibly set a dangerous precedent and would ruin any form of independence on the part of the AG.
In a press conference at the DAP Selangor headquarters, Gobind also asked for new AG Mohamed Apandi Ali to provide an open statement to all Malaysians to explain the role of the special task force, what it has done and what it intends to do.
“I think that is where he can start. He can start by being the spokesperson for the special task force.
“People need a source where they can get information from as to what the government is doing and it cannot be a force that just keeps silent forever,” Gobind said.
He also mentioned that it might be “problematic” that the position of the AG has changed in the midst of the 1MDB saga.
“We are in the midst of an investigation which is very significant in nature. Ultimately the power to charge anybody would lie in the hands of the AG. So perhaps the most important person in the task force has been removed and changed.
“I think this is something that needs to be further discussed. It will definitely impact the investigations,” he said.
