Malaysiakini
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'Gani didn't concede removal as AG was lawful'

Published
Modified 24 Sep 2016, 9:52 am

Former attorney-general Abdul Gani Patail did not concede that his sudden removal from the post 14 months ago was lawful, said lawyer Ragunath Kesavan.

Malaysiakini yesterday reported that Gani said his removal is in accordance with the government's General Orders, as the prime minister has the power to remove an AG when he deems fit.

Gani said this when faced with a question on his removal during the 'Independence of Institutions in a Democracy' session at the International Malaysian Law Conference in Kuala Lumpur, moderated by Ragunath.

"Tan Sri Gani did not at anytime concede that his removal was in accordance with the law and government orders.

"He had only stated that the position of the AG did not have the constitutional protection, unlike the position of judge," Ragunath, who is also former Malaysian Bar president, said in a statement.

Ragunath added Gani noted that there were amendments to the law to allow a politician to be appointed AG, but "did not at any time concede on the lawlessness of his removal".

Instead, Ragunath said, Gani "left the position of his removal open and said that he would stand guided by his lecturer and master".

Malaysiakini yesterday reported Gani as saying that an amendment to the law made 50 years ago rendered the AG and auditor-general as government servants bound by government orders.

"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 reportedly said.

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

Gani, who led the task force probing 1MDB, was removed ostensibly for health reasons last year and replaced with Mohamed Apandi Ali.