Malaysian Bar President maintains A-G's removal unconstitutional
T K Letchumy Tamboo
July 31, 2015 12:55 MYT
July 31, 2015 12:55 MYT
The Malaysian Bar, today maintained that the removal of Tan Sri Abdul Gani Patail as Attorney-General (A-G) was unconstitutional.
Its President, Steven Thiru said this is because the government said that Abdul Gani will continue serving as judicial and legal services officer until his retirement, and that constitutes as a reduction of rank which guarantees a right to be heard.
Steven said, the A-G’s right to be heard should be based on health reasons as pointed out by the government and as such, provides Abdul Gani with the right to face a medical board.
"We take what has happened that he has been reduced in rank because the statement issued by the government said that he will continue serving as judicial and legal services officer until his retirement.
“The right to be heard here should be based on the reasons given by the government. The reasons given by the government is health reasons. That he has health concerns. If a civil servant services are to be terminated for health reasons, there are procedures.
“The civil servant has the right to go a medical board and face his concerns and then they decide.
That has not been complied with. Because it has not been complied with, it renders this move unconstitutional,” he told reporters at a press conference here, today, after submitting a joint memorandum to the Malaysian Anti-Corruption Commission (MACC) on the need for its reform.
On Wednesday, the Attorney-General Chambers said that the termination of Abdul Gani was carried out in accordance with the Federal Constitution.
New AG, Tan Sri Mohamed Apandi Ali said that in the interest of the administration of justice, it is important that the public are not misled into thinking otherwise.