Prime Minister Dr Mahathir Mohamad must explain whether the appointment of the new attorney general was carried out in accordance with the Constitution, said an opposition leader today.

DAP national chairperson Lim Kit Siang said the premier owes the nation a proper explanation concerning the appointment of Abdul Gani Patail as the nation's chief prosecutor.

"Mahathir must make a ministerial statement in Parliament next Monday to clarify whether Article 145(1) of the Constitution had been complied with in the appointment.

"And if so, when was the premier's advice given and the appointment made by the Yang di- Pertuan Agong?" he asked in a press statement.

Article 145(1) states that "The Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person who is qualified to be a judge of the Federal Court to be the attorney-general for the Federation".

At the time of the appointment, the Yang di-Pertuan Agong Sultan Salahuddin Abdul Aziz Shah who passed away on Wednesday, was in critical condition and undergoing treatment at a medical centre in Kuala Lumpur.

The government has not clarified whether the late Sultan Salahuddin or acting King Sultan Mizan Zainal Abidin had given consent to the appointment of Abdul Gani.

Mahathir should also agree to allow for a full parliamentary debate on his ministerial statement so that nationwide concerns about the appointment could be ventilated in Parliament and a proper response given by the government, said Lim.

The veteran politician said it was unthinkable that the various steps in appointing a new AG could have been completed within 24 hours.

Lim was referring to Minister in the Prime Minister's Department Dr Rais Yatim receiving the current AG Ainum Mohd Saaid's resignation on Monday and announcing Abdul Gani's appointment the next day. Rais had said that Abdul Gani will officially assume the post from Jan 1 but will act as the acting AG as soon as Ainum goes on leave.

"If Article 145(1) of the Constitution had not been complied with, then Abdul Gani's appointment as the new AG is not valid and constitutional - and the prime minister should undertake an open, transparent and consultative process based on criteria which could be made public in order to ensure confidence in the administration of justice in the country," he said.

Explain allegations

Meanwhile, Lim also reiterated his call on Abdul Gani to clear himself of two serious allegations concerning obstruction of justice

Lim stressed Abdul Gani must answer immediately in order to restore a new era of public confidence in the country's justice system.

"Yesterday, Abdul Gani declined to comment on my criticism that his appointment has plunged the country into a new crisis of confidence in the system of justice," he said.

Abdul Gani is alleged to have fabricated evidence of sexual misconduct against former deputy premier Anwar Ibrahim and protecting International Trade and Industry Minister Rafidah Aziz from being prosecuted for alleged corruption.

Abdul Gani, who was the lead prosecutor in Anwar's corruption and sodomy trials, is alleged to have threatened Anwar's former tennis partner S Nallakaruppan to fabricate evidence against Anwar.

The new AG is also alleged to have written in a document to Anwar in 1995 that there was substantial evidence to prosecute Rafidah for awarding her son-in-law with preferential bumiputra shares.

However, Rafidah denied the allegation and was never charged.