Prime Minister Dr Mahathir Mohamad today failed to respond to a question on the status of Abdul Gani Patail who was recently appointed as the new attorney-general.

When asked at a press conference in the Parliament lobby this morning regarding the controversial appointment of Abdul Gani, Mahathir simply smiled and proceeded to answer other questions.

The prime minister had earlier tabled the 2002 Budget at the Dewan Negara.

Gani's appointment was said to be unconstitutional because it has yet to be approved by the Yang Di Pertuan Agong.

A source told malaysiakini that the government has privately conceded that Abdul Gani's appointment was unconstitutional.

He said last month's announcement by Minister in the Prime Minister's Department Dr Rais Yatim that Abdul Gani would replace Ainum Mohd Saaid as AG was an "informal appointment".

This was done because of Ainum's sudden resignation on Nov 19 for "health reasons".

The source added that before announcing Abdul Gani's appointment, the government has contemplated two names as possible replacement for Ainum - Abdul Gani, who is senior deputy public prosecutor, and his brother Abdul Wahab, who is a High Court judge.

Reconsider decision

Meanwhile, opposition party DAP is seeking an appointment with the prime minister to urge him to reconsider Abdul Gani's appointment.

Party leader Lim Kit Siang claimed that Article 145(1) of the Federal Constitution has not been invoked to advise the Agong on the appointment as well as to obtain His Majesty's approval.

According to Lim, Rais had committed a faux pas in announcing Abdul Gani's appointment.

He said the selection of the new AG must not be an arbitrary or fickle decision. It must be a consultative process in keeping with the principles of accountability and transparency.

Lim also objected to Abdul Gani's appointment because he was "not fit to be an AG as he has created a crisis in the system of justice in Malaysia".

'No controversy'

On Nov 19, Rais announced that Gani would replace Ainum to the top post after Ainum had tendered her resignation letter on health grounds. Ainum's resignation takes affect from Dec 31.

Rais, who is de facto law minister, also said that Abdul Gani would assume the duties of Ainum as soon as she goes on leave prior to her resignation.

The announcement of Abdul Gani's appointment raised doubts if the constitutional aspects of the appointment were followed, especially when the late King was seriously ill after undergoing cardiac surgery.

Rais told malaysiakini on Tuesday that the government should be allowed to proceed with the appointment of Abdul Gani as AG although it has yet to gain royal approval.

He also dismissed talks of a controversy surrounding the appointment.

"There is no point of controversy. It is for the government to do its work. What was just announced was that the government was in favour of the appointment and the rigmarole had to be done," he said.