The impasse goes on
Rulers meet today to discuss appointment
Determined to put an end to the standoff over who the new Attorney General ought to be, the Rulers meet today – a day after PKR leader Datuk Seri Anwar Ibrahim sought an audience with the King over the issue. As those in the legal fraternity continue to come up with capable personalities who could hold the post, Home Minister Tan Sri Muhyiddin Yassin is confident that the furore will end soon.
PETALING JAYA: As the Rulers meet today to deliberate on the appointment of the new Attorney General, there is much speculation on who will be discussed as likely candidates other than senior lawyer Tommy Thomas, who is the Government’s nominee.
Some of the names mentioned by sources familiar with the issue are serving Federal Court judge Tan Sri Azahar Mohamed, Court of Appeal judge and former Solicitor General Tan Sri Idrus Harun, Chief Judge of Malaya Tan Sri Ahmad Maarop and even some other senior lawyers.
These names are bound to crop up in the meeting, which is specially called by the Rulers and is expected to start at about noon.
People will be eager to see if Keeper of the Rulers’ Seal Tan Sri Syed Danial Syed Ahmad will issue a statement on the outcome of the meeting.
According to an online portal, PKR leader Datuk Seri Anwar Ibrahim sought an audience with the King last night to resolve the impasse.
It was reported that he met seven Rulers who asked for assurances that Malay rights would be looked after.
“My duty as a citizen with some influence is to discuss (with the Rulers) and give them assurances,” he said, adding that while the government changed, the status of Malay rulers under the Federal Constitution had not.
He said although it was the Prime Minister’s prerogative to appoint Thomas as Attorney General, the King was allowed to give his views and advice, and delay it a little so that the feelings and sentiments of those who wanted to defend Malay traditions were conveyed to the Government.
Eminent retired judge Datuk Seri Gopal Sri Ram praised some of those who are believed to be under consideration for the AG’s position.
One of them is Azahar whom Sri Ram has highly recommended because of his vast experience in the AG’s Chambers (AGC) before being made a judge.
“Azahar will make a very good AG. He was at one time the head of prosecution.
“The Government is going to be facing a major problem because the people being investigated will cover a wide spectrum of the law, including criminal law, procedure and practice,” said Sri Ram.
“Without criminal procedure knowledge, how can the AG be competent enough to ask the right things and guide his men in the right direction when drafting charges?
“As an AG and Public Prosecutor, you will have to be able to go through the investigation papers and guide the DPPs (deputy public prosecutors) and tell them Mr A should be charged with such and such offence, while Mr B should be on such and such offence. You cannot have someone who does not have any knowledge of the work of a DPP to run the AGC.
“You can’t send a person in there who has absolutely no clue. The AGC is filled with lawyers and if you want to earn their respect, you must be better than them. You must know the craft,” he added.
Thomas is said to have limited criminal law experience.
Sri Ram said Thomas could always be appointed as a special adviser to the Cabinet on constitutional reform, instead of making him the AG.
“Why are they rushing to appoint Thomas without considering these other names?” asked Sri Ram.
On Idrus, Sri Ram said: “He will be a better AG than he is a judge. He will be wasted in the judiciary.”
He explained that Idrus would make a good AG because he had been at the AGC for some time and therefore understands its workings.
Idrus, he said, is the right candidate as he belongs in the “younger generation”.
According to Sri Ram, Idrus was “eased out in the political machinations” related to the 1Malaysia Development Bhd (1MDB) scandal.
“He has been thrust into the Court of Appeal, an arena which he is quite unfamiliar with. He would best serve the nation if he went back to the chambers and became the AG,” he added.
Asked about Ahmad as an AG candidate, Sri Ram said appointing him to the post would be a demotion.
Federal Court judge Tan Sri Zainun Ali is another name that has been mentioned as potentially the next AG.
However, Sri Ram believes it would be a waste for her to serve in AGC.
“Her independence of thought is very valuable to the judiciary,” he said.
Idrus, when contacted, declined to respond to the speculation.
“No, very sorry, I don’t want to comment,” he said.
Meanwhile, former chief justice Tun Zaki Azmi believes that Prime Minister Tun Dr Mahathir Mohamad received many suggestions on who should be the next AG.
“I am sure the Prime Minister has been given many names, and knowing him, he would have considered every name properly before arriving at the decision to recommend that name to the Yang di-Pertuan Agong.
“It would be somebody, in his opinion, the best candidate to become the AG,” said Zaki without naming anyone.
He said the Yang di-Pertuan Agong is required by law to comply with the Government’s recommendation to appoint Thomas as the AG.
“The Yang di-Pertuan Agong cannot refuse or delay his consent. I’m sure the Government has judged Thomas’ character before nominating him for the post,” he told Bernama yesterday.
Zaki said he had known Thomas for a long time and had previously conducted court cases with him.
On May 14, Dr Mahathir announced that current AG Tan Sri Mohamed Apandi Ali was told to go on leave and would be temporarily replaced by Solicitor General Datuk Engku Nor Faizah Engku Atek.
Sunday Star in its front-page story reported that a proposal by Dr Mahathir to appoint Thomas as the AG had sparked a major disagreement with the King.
Dr Mahathir is adamant about replacing Apandi, submitting only Thomas’ name to Sultan Muhammad V.
However, the King insisted on more than one name, according to sources close to the royalty.
Thomas did not turn up in his office yesterday.
In the morning, his law firm partner said Thomas would not be in.
The only public figure seen at Thomas’ office was Sungai Buloh MP R. Sivarasa around noon.