Bar: Gani can challenge his termination in court

Bar: Gani can challenge his termination in court
Tan Sri Abdul Gani Patail can challenge the termination of his services as the Attorney-General in court, says Bar president Steven Thiru.
PHOTO: The Star/ANN

PETALING JAYA - Tan Sri Abdul Gani Patail can challenge the termination of his services as the Attorney-General in court, says Bar president Steven Thiru.

He said if Abdul Gani wanted to legally challenge the decision, it would not disrupt the services of the A-G's Chambers or the position of the new A-G.

"As a matter of public interest, yes, it will go on until determination by the court. The current A-G can still perform his duties," he told reporters at the announcement of a memorandum to constitutionally reform the Malaysian Anti-Corruption Commission (MACC) at its headquarters yesterday.

Steven was asked to respond to Attorney-General Tan Sri Mohamed Apandi Ali's remark that Gani was removed constitutionally.

On Tuesday, Chief Secretary to the Government Tan Sri Dr Ali Hamsa said Abdul Gani's tenure as A-G was terminated effective Monday due to health reasons.

Apandi, a former Federal Court judge, replaced him with immediate effect.

Abdul Gani will continue to serve as a judicial and legal service officer until his mandatory retirement on Oct 6.

Steven said that as a member of the judicial and legal service and a civil servant, Abdul Gani should be given a chance to appear before a medical board to contest views on his health status.

Citing Article 135 of the Federal Constitution, Steven said the provision provides a safeguard in the form of the right to be heard when a civil servant is dismissed or has his rank reduced.

On a separate matter, the Bar Council submitted a memorandum to MACC in a bid to further reform and elevate the commission through a viable constitutional and legislative framework.

The proposal includes the creation of an independent and constitutionally-mandated commission, which goes beyond the scope and influence of the executive body called Independent Anti-Corruption Commission (IACC).

The council proposed that the body would be composed of independent commissioners to be appointed by Parliament, with at least 40 per cent of them coming from civil societies.

The memorandum was endorsed by Institute for Democracy and Economic Affairs (Ideas) chief executive officer Wan Saiful Wan Jan, Centre to Combat Corruption and Cronyism (C4) director Cynthia Gabriel, Transparency International Malaysia deputy president Dr Loi Kheng Min and Special Interest Group on Anti-Corruption and Good Governance Citizen's Network for A Better Malaysia chairman Dr Ho Chai Yee.

 

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