Gani finally opens up, says removal as AG was 'up to PM'

Show more reactions

In his first ever remarks over his sudden removal as the attorney-general last year, Abdul Gani Patail today said that it was done in accordance with the government's General Orders.

This despite a recommendation by a senior member of the Malaysian Bar that Gani should take action against the removal.

Lawyer Syahredzan Johan, during a question and answer session, asked whether there was a breach of the Federal Constitution for removing a person from civil service without being provided a fair hearing.

To which, former Malaysian Bar president Khuthubul Zaman Bukhari replied: “He (Gani) should take the matter to court to ensure his rights are protected. We are living in a democratic country, and that the judiciary has a role to play to ensure that situation (does not happen). There has to be checks and balances for a civil servant who has been dismissed and he should take up the matter to court."

Gani, who led the special task force on the 1MDB investigation before his removal 14 months ago, and replaced by Mohamed Apandi Ali, was more diplomatic in his answer.

“Now that you have seen this happening, you will say a lot of things. Whereas, this is an issue of 50 over years but nobody raised anything. The important thing is this, the issue that even the AG is deemed as a government servant and he is bound by government orders, including the auditor-general. It is not the same as for judges.

“That is the funniest position that you find in the AG (attorney-general). There was an amendment to the provision some time back and this was because they want to bring in or brought in a politician to become the AG. Therefore, it is up to the powers of the PM to remove him at (his) whim... ermm sorry, and when he deems fit,” he said.

This, Gani said, was never amended or changed until today.

Previously, cabinet ministers - late Abu Hamzah Samah and late Abdul Kadir Yusof - were appointed as AG. It was only during the 1980s, civil servants were appointed to the post.

“However, as a student and adhering to my master, I stand guided by them,” he said referring to former Court of Appeal judge Mohamad Ariff Md Yusof who was his law lecturer in Universiti Malaya, and former Bar president Ragunath Kesavan, who took him under his tutelage in private practice after his removal.

Ariff, Kuthubul and Gani were part of a panel in the discussion on the independence of the government institutions at the International Malaysian Law Conference, while Ragunath was the moderator.

Three judicial review applications

Gani has now opened up his own law firm based in KL Sentral, and former solicitor-general I Azailiza Mohd Ahad who had opted for an early retirement this year has joined him.

There were calls made by the floor during the discussion that there should be a security of tenure for important posts, such as the post of AG.

A constitutional lawyer had said that if Gani was not satisfied with the manner of his removal, he can challenge the matter in court.

Meanwhile, Apandi said the removal of Gani had been carried out in accordance with the Federal Constitution.

His removal has been a subject of three judicial review applications filed by former Batu Kawan Umno division vice-chief Khairuddin Abu Hassan, former law minister Zaid Ibrahim and the Malaysian Bar.

Based on his response today, it remains uncertain whether Gani himself will challenge his removal.

In his speech, he said the independence of key institutions must be maintained at all costs.

“These important institutions are the consequence of public trust in the country. Public trust in the constitution and key institutions, once lost, may never be able to recover,” Gani said. - Mkini