This was because there was no way Article 145(1) of the Constitution
on the appointment of the Attorney-General by the Yang di Pertuan Agong
on the advice of the Prime Minister could be complied with to permit Rais
to validly and legally make the announcement of the appointment of a new
Attorney-General on the very same day as Ainumís submission of her
resignation, which also showed utter contempt for the Constitution,
the Yang di Pertuan Agong and even the Conference of Rulers, as the various
actions that must be taken under the Constitution to appoint the
new Attorney-General after Ainum had submitted her resignation to
Rais include at least the following six separate steps:
In fact, based on his hunch and everybodyís guess that Gani could not be properly appointed as the new Attorney-General yet, it would be an additional powerful reason why the Speaker should have allowed the motion by the DAP MP for Seputah, Teresa Kok to adjourn the House to debate the constitutionality and propriety of the appointment of a new Attorney-General as a matter of grave public importance and interest.
Rais has now said that the government should be allowed to proceed with the appointment of Gani as Attorney-General. He is again commiting another faux pas.
Mahathir should reconsider his intention to appoint Gani as the highest law officer of the land as never before in the nationís history has the proposed appointment of the new Attorney-General plunged the country into a new crisis of confidence in the system of justice in Malaysia.
There had been the past example of an Attorney-General leaving office under a cloud, but never before had there been a single case of an Attorney-General assuming office under a cloud!
In these circumstances, the Prime Minister and all Cabinet Ministers should place public confidence in the administration of justice above all other considerations and decide whether justice and the national interests could be served in proceeding with the intention to appoint Gani as the new Attorney-General.
In such a review, the Prime Minister and the Cabinet should seek the
widest consultation of views from all sectors of society, in particular
the Judiciary, the Bar Council, Parliamentarians, political leaders and
representatives of the civil society.
DAP will seek an appointment with Prime Minister to urge him to reconsider the appointment of Gani Patail as AG as Article 145(1) has not been invoked to advise the Yang di Pertuan Agong on the appointment of the new Attorney-General.