Amid concerns that the Security Offences (Special Measures) Act 2012 is being abused, former attorney-general Abdul Gani Patail defended the law as necessary and as having good safeguards against abuse.

The special investigative powers and procedures provided by Sosma have proved useful during the 2012 Lahad Datu incursion and in dealing with militants from the self-proclaimed Islamic State, Gani said.

However, even with good laws, he warned that there can still be problems in the implementation and interpretation of Sosma, he told a forum on Sosma organised by the Bar Council in Kuala Lumpur last night.

To a question on whether Sosma has over-extended its reach with the case of former Umno division leader Khairuddin Abu Hassan and his lawyer Matthias Chang, Gani said that as a rule, he would not comment on a matter that is being decided by the court.

Pressed for answers on related matters at the forum, he said that he also could not comment on an issue without the full facts at hand.

“The only thing that I know is that he (Chang, left in photo ) is a lawyer, and he has been remanded or detained under that particular law. That’s all I know, and that he is allegedly a lawyer representing the other person (Khairuddin, on the right ).

“That’s all. Further than that, I do know what the prosecution have. You have to be fair to them, that has not been disclosed yet. We have to look at the trial.

“If at the trial there was no evidence, then that is bad prosecution. But if they have something else to prove it, yes. A lawyer is not exempt from the laws,” Gani said.

13 years as attorney-general

He was asked whether Chang should have been held under Sosma and subsequently charged with allegedly sabotaging Malaysia’s financial and banking institutions by lodging police reports in Singapore, Hong Kong and the UK.

Gani has served 13 years as attorney-general and had a hand in drafting Sosma. Last night’s forum was his first public appearance since his sudden removal as AG and his subsequent retirement from service on Oct 5.

In his speech, Gani read an excerpt from the Hansard on Prime Minister Najib Abdul Razak’s speech in Parliament, which highlighted the seven safeguards for Sosma against abuse.

One of the safeguards that Najib promised was that a committee would be established administratively (that is, not by an act of Parliament) to review Sosma’s provisions from time to time, monitor its implementation and to make recommendations for improvement.

The committee would comprise members of the relevant enforcement agencies, the Bar Council president and the Human Rights Commission (Suhakam).

Bar Council president Steven Thiru, who was a speaker at the forum, noted that this was not being done, while Gani responded that it was up to Thiru to bring the matter up.

“All I am asking is that, with the greatest respect, I think these are the things we should be asking for if you are concerned about our processes.

“So you should be asking: Where is the committee? Do we have the committee? And so on. Do the checks and balances.

“This is something good. I think that was a good thing,” Gani said.

You see me? My health is okay, says Gani