SLA concerned over sacking of AG

Kota Kinabalu: Sabah Law Association (SLA) has expressed concern over the abrupt removal of the Federal Attorney General, Tan Sri Abdul Gani Patail. "As the principal legal adviser to the Government of Malaysia and the head of the prosecuting authority in Malaysia for the past fourteen years, it would seem that the method of his discontinuance did not provide him with a right to be heard or adequate notice to him or indicate sufficient reasons for his continuance as a Judicial and Legal Service Officer," said SLA President Brenndon Keith Soh.

This was especially so after his removal as Attorney General, especially where it had been reported that he had not been informed of his removal prior to the announcement of the same, he said.

In a statement here Wednesday, Soh said the SLA would have thought that a more dignified presentation of his retirement would have been conveyed to the public, more so in light of his projected retirement scheduled a few months away on Oct 6.

However, as to various quarters' opinion on the termination of his services, the SLA would like to point out that Article 145 (6) which states that:-

SPONSORED CONTENT

Sabah revenue hits RM6.97 billion: Hajiji says GRS State Government may see full term

Kota Kinabalu: The Sabah Government continued its momentum in managing the economy in line with the commitment and spirit of the Sabah Maju Jaya (SMJ) when it posted record high state revenue of RM6.973 billion last year.

"The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court"

"This indicated a reference to the "person holding office of Attorney General prior to the coming into force of the Article", meaning the Attorney General then in 1957 and does not state specifically every Attorney General subsequent to the coming into force of the Article."

Furthermore, he said that Article 145 (6) should not be read in isolation but together with its precursor, namely Article 145 (5) which states that:-

"Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine."

"During the pleasure of the Yang di-Pertuan Agong is not defined in the Federal Constitution but it has been interpreted as meaning that there is no permanent service of office as the Attorney General holds office during the pleasure of the Crown," he said.

Stay up-to-date by following Daily Express’s Telegram channel.

Daily Express Malaysia

Soh said perhaps it would be prudent to await the response of Patail in light of the fact that his health was cited as a reason for his termination before making an opinion or finding on his removal.

Towards this end, he said SLA recorded its appreciation for the many years of collaboration with Patail especially on the provision of legal aid under Yayasan Bantuan Guaman Kebangsaan to those members of the public in Sabah entitled as well as on the amendments sought to Sabah's Advocates' Ordinance which were necessary for the further regulation and improvement of the legal fraternity.

Try 1 month for RM 18.00

Try 1 month for RM 18.00

Try 1 month for RM 18.00