8:09pm, Fri: While Prime Minister Dr Mahathir Mohamad today conceded that the announcement of Abdul Gani Patail as the new attorney-general was premature, the chief secretary to the government, however, said royal assent has been obtained. “The position (of the new AG) will be officially announced after the approval from the Agong,” said Mahathir without elaborating at a press conference after a four-hour Umno supreme council meeting. Abdul Gani’s appointment was said to be unconstitutional because it has yet to be approved by the Agong. However, Bernama today quoted chief secretary to the government Samsudin Osman as saying the deputy Agong, who is also the acting King, Sultan Mizan Zainal Abidin, had given his consent to the appointment in accordance with the federal constitution. Samsudin did not say when the consent was given. The Conference of Rulers will be meeting next Wednesday to elect a new King. It is not clear whether it will also discuss the appointment of the new AG. On Nov 19, Minister in the Prime Minister’s Department Dr Rais Yatim announced that senior deputy public prosecutor Abdul Gani would replace Ainum in 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 has caused some quarters to question if the constitutional aspects of the appointment were followed, especially when the late King was seriously ill after undergoing cardiac surgery. ‘No controversy’ 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. According to Article 145 (1) of the federal constitution, the Agong shall, on the advice of the prime minister, appoint a person who is qualified as a Federal Court judge as attorney-general. Abdul Gani’s appointment was considered controversial due to his involvement as chief public prosecutor in ex-deputy prime minister Anwar Ibrahim’s sodomy and corruption trials. Abdul Gani 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, if convicted, carries a mandatory death sentence. Abdul Gani was also alleged to have protected International Trade and Industry Minister Rafidah Aziz from prosecution on five charges of corruption.
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