Prime Minister Dr Mahathir Mohamad should persuade outgoing attorney-general Ainum Mohd Saaid to complete her two-year mission in restoring public confidence in the administration of justice.

DAP national chairperson Lim Kit Siang said today that many Malaysians are not convinced that Ainum has resigned solely over health reasons after serving only one year of her two-year tenure.

"Ainum had borne out valiantly in the Certificate of Legal Practice examination scandal, and involved in gruelling daily marathon meetings - proof that although Ainum's thyroid complaints are serious, they are not of sufficient magnitude to require her resignation," said Lim in a press statement.

On Nov 19, Minister in the Prime Minister's Department Dr Rais Yatim announced Ainum's resignation for "health reasons" and that senior deputy public prosecutor Abdul Gani Patail would be the new AG from Jan 1.

Rais, who is de facto law minister, also said that Abdul Gani would assume Ainum's duties when she goes on leave prior to her resignation.

The announcement of Abdul Gani's appointment has raised questions on whether the constitutional aspects of his appointment were followed.

Royal nod given yesterday

According to Article 145 (1) of the federal constitution, 'the Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person who is qualified as a Federal Court judge as attorney-general'.

Last week, Dewan Rakyat speaker Mohamed Zahir Ismail told Parliament that Abdul Gani had not been officially appointed as the new AG as royal approval had not yet been received.

This was later disputed by Rais.

However, The Star today quoted Rais as saying that the Acting Yang di-Pertuan Agong Sultan Mizan Zainal Abidin had consented to Abdul Gani's appointment.

He said that the royal assent was given yesterday.

Rais also said Solicitor-General Helilah Mohd Yusof - the second-ranked person in the Attorney-General's Chambers - would be the acting AG beginning next week, instead of Abdul Gani as announced earlier by him.

'Go after real crooks'

Lim said Ainum should be allowed to finish her two-year term and help get the country's administration of justice back on track by ensuring even-handed dispensation of justice and the end of selective prosecutions.

He also referred to a reader's letter to malaysiakini by the Malaysian ambassador to the Netherlands, Noor Farida Ariffin, which complained about Ainum being "driven from her job".

"Noor Farida was a close colleague and a confidante of Ainum during and after their days in the AG's Chambers, and what she wrote bears great authority and weight," said Lim.

Noor Farida, in her letter 'Rumour-mongers drove AG out of her job' (Nov 27), hinted that Ainum had been driven out as AG and chastised the media, including malaysiakini , for abetting those who had sought Ainum's resignation.

"May I suggest that the press go after the real crooks instead. There is certainly no scarcity of them on the Malaysian scene," wrote Noor Farida.

Forced witness allegation

Abdul Gani's appointment as the new AG is considered controversial due to his involvement as chief public prosecutor in the trials of ex-deputy prime minister Anwar Ibrahim for sodomy and corruption.

He was alleged to have coerced witness S Nallakaruppan to fabricate evidence against Anwar in exchange for a lighter sentence.

Nallakaruppan, who was Anwar's tennis partner, was charged with illegal possession of firearms which upon conviction carries a mandatory death sentence.

In a related court case on the matter, the Federal Court had said that Abdul Gani should provide "some answers to the allegations of fabrication of evidence".

Abdul Gani was also alleged by certain quarters to have protected International Trade and Industry Minister Rafidah Aziz from prosecution on five charges of corruption.