G25 DECLARES WAR ON 'ARROGANT, CRUDE & OFFENSIVE' APANDI: GET YOUR FACTS RIGHT
Written by Group of 25 Prominent Malays
MALAYSIAN CHRONICLE
We, members of G25, wish to refer to the interview that the Malaysian Insider had with the Attorney-General as published in the Malaysian Insider on 14 November 2015 under the heading ‘Why the snub, Apandi asks Bar Council’ .
We wish to make the following comments.
Firstly, we are perturbed to note that the Attorney-General is reported to have said –
‘G25 consists of those have-been government servants, isn’t it? Have-beens.’
With respect to the learned Attorney-General we consider it arrogant, crude and unnecessarily offensive for him to have referred to us as “Have-beens’.
Secondly, Tan Sri Apandi appears to be under the delusion that since we have retired from Government service therefore we could no longer contribute constructive ideas for the good governance of our country.
Thirdly, the recent press statement of G25 on the role of the Attorney-General as the Public Prosecutor and our proposal for the creation of the office of Director of Public Prosecutions was issued by G25 collectively as a group. It was not issued by our colleague Dato’ Noor Farida, let alone issued by her in her personal capacity. Thus it is unfair and uncalled for the Attorney-General to have singled out Dato’ Noor Farida in his criticism of our press statement.
Ignorant Apandi
Fourthly, it is not quite accurate for the Attorney-General to have said –
‘And that system has gone fine since Merdeka. And I see no reason to change that. Is this now the only country where the public prosecutor and the A-G are the same person? It’s happening all over the world. It’s a Commonwealth practice. Why didn’t she [Dato’ Noor Farida] get this grand idea when she was in Eastern Europe? Why?’
With respect, surely the learned Attorney-General cannot be ignorant of the legal developments that had taken place in developed Commonwealth countries such as England and Wales, Canada, Australia and New Zealand where by statute or by convention the Attorney-General ceases to exercise the powers of prosecution; such powers being vested in the Director of Public Prosecutions, who exercises such powers independently of the Attorney-General. In some jurisdictions, the role of the Attorney-General regarding prosecutions, if at all, has become merely supervisory in nature. The purpose of these developments are essentially to enhance integrity in Government by statutorily ensuring the independence of the prosecution decision-making function from inappropriate political control, direction and influence.
In England and Wales the Attorney-General still exercises control on the prosecution of certain serious offences; but in the vast majority of cases the prosecution is carried out by the Director of Public Prosecutions independently of the Attorney-General..
In India the Attorney-General has no powers of prosecution. Such powers are vested in the respective Union/State Director of Prosecutions.
Group of 25 Prominent Malays
The Bar Council has yet to pay a courtesy call to the new attorney-general despite Tan Sri Mohamed Apandi Ali’s appointment in July. – The Malaysian Insider file pic, November 14, 2015.In this final article from the interview with Tan Sri Mohamed Apandi Ali, the attorney-general speaks of his relationship with the Bar Council, saying ‘something was not right’. He also takes a swipe at G25, describing them as a group of ‘have-been government servants’.
Attorney-General Tan Sri Mohamed Apandi Ali asked why the Bar Council was giving him the cold shoulder, seeing that he was a member of the council for 12 years, holding the post of treasurer twice, during that time.
Apandi said there was no congratulatory note from the council on his appointment as A-G in July nor was there was a request for a courtesy call, adding that “something was not right”.
104th day of me in office, there is not a single letter of congratulations from the Bar Council on my appointment as the A-G,” he told The Malaysian Insider in a recent interview.
The A-G said even the lawyers’ associations from Sabah and Sarawak had written to him after the appointment, but not the Bar Council.
Saying that he was not taking the Bar Council snub personally, Apandi added that he was the first Bar Council member to be appointed as A-G in the history of Malaysia.
“I’m the first from a practising lawyer to be appointed as the A-G of Malaysia. Aren’t the lawyers proud of it? Not a word! Not only that. There’s not even a single letter of request to see me or extend me a courtesy call. I’m waiting.”
In an earlier article, Apandi said he had resigned from all political associations or party when he got involved in the Bar Council in 1991 and that he was also instrumental in purchasing the current Bar Council headquarters.
“I held the post of treasurer twice, and it was during this time I raised the money to buy the building.”
The A-G said he was surprised over the council’s reaction but added that his doors were always open to it.
Attorney-General Tan Sri Mohamed Apandi Ali says it is a Commonwealth practice where the public prosecutor and the A-G are the same person. – The Malaysian Insider pic by Kamal Ariffin, November 14, 2015.
Apandi also took aim at, G25, the group of retired civil servants calling for moderation in Malaysia, who in an earlier article said that there was a fundamental conflict of interest in the functions and powers of the attorney-general, which enabled him to act against national interests.
The group deemed it poor governance that the A-G was the legal adviser to the government and the final arbiter on decisions to prosecute.
“There isn’t a conflict of interest. Because prosecution is one thing, advising is another thing. And when it (comes to the) prosecution, you read the constitution, it is (the) absolute discretion of the public prosecutor, which is the A-G,” said Apandi.
“Absolute discretion means he does not consult anybody, not even the chief of the executive.
“That’s what I’m doing now. Whenever I want to charge anybody, I won’t go running to the prime minister (and say), ‘hey Mr Prime Minister, can I charge these people?’
“No. No way.”
Excerpts from the interview
Apandi: I want to tell you, please put it in there, I don’t know why, up till today, now is the 104th day of me in office, there is not a single letter of congratulations from the Bar Council on my appointment as the A-G.
Everybody sent, but not them. Not that I’m hard up looking for them, but I thought they would be proud that I’m the first Bar Council member to be appointed as an A-G in the history of Malaysia.
I’m the first practising lawyer to be appointed as the A-G of Malaysia. Aren’t the lawyers proud of it? Not a word! Not only that. There’s not even a single letter of request to see me or extend me a courtesy call. I’m waiting!
TMI: You take this snub personally?
Apandi: No, I don’t take it personally, but I feel something is not right. Because after years in the Bar Council, they should know me, I know them, maybe the young don’t know me.
But at least come and pay me a courtesy call. Because, in comparison, the lawyers from the Sarawak Association and the lawyers from Sabah wrote to me, congratulating me and asking if they could pay me a courtesy call.
I obliged.
Yes, I’m surprised. I don’t know what they’re thinking, but my message to them: “My doors are always open, come and talk to me. You are supposed to be fighting, I don’t know fighting for whom, but we’re talking about law and whatnot. Come to me. We can talk things”.
TMI: Do you think this shows that the Bar Council is biased or partisan?
Apandi: I don’t know. My question is, something is not correct there. Human relationship not correct, professional relationship also not correct.
Or am I not acceptable to the council? Who are they to decide, then I ask them. They know me better. I was with them. I know the ins and outs. I know the thinking of the council. I know who their connections are. But they’re keeping away from me. I ask them why?
TMI: Is there any bad blood between you and the current leaders?
Apandi: No.
TMI: When you were on the bench, did you rule against the council?
Apandi: I ruled against anybody who deserves to be ruled against. If the case is bad, I don’t care who it is. Even the government gets the boot.
TMI: What are your views on the Bar Council? Some view it as being pro-opposition. What do you think?
Apandi: That’s the view of some. I have my reservations. I’ve been advising the Bar Council, please don’t go astray.
That was my constant advice to them when I was in the Bar Council. Don’t go astray and don’t get caught in the political web.
TMI: In a recent statement, the G25 had said that there is a fundamental conflict of interest in the functions and powers of the attorney-general. They said the A-G cannot be adviser to the government and at the same time, chief prosecutor. What are your thoughts on this?
Apandi: G25 consists of those have-been government servants, isn’t it? Have-beens. And the person who normally gives statements is one lady by the name of Datuk Noor Farida Ariffin.
When you ask me that, I’ll answer that with one question. Go back and ask Datuk Noor Farida Ariffin, when you were in the government service, i.e. the AGC (Attorney-General’s Chambers), who was the public prosecutor and A-G? Same person, isn’t it? That has been true since Merdeka.
Why didn’t you make noise then?
If you have very strong feelings, because the way she is saying, like it’s so fundamental. Why was there not a word from her when she was in service? Why now? I’m talking a bit loud. That is my way.
TMI: But why not? Why can’t she ask the question now?
Apandi: We have been doing it from Merdeka, as per article 145(3), right to prosecution is on the A-G.
And that system has gone on fine since Merdeka. And I see no reason to change that. Is this now the only country where the public prosecutor and the A-G are the same person? It’s happening all over the world. It’s a Commonwealth practice. Why didn’t she get this grand idea when she was in Eastern Europe? Why?
TMI: So you don’t agree with her then? Why?
Apandi: It’s been working fine. There isn’t a conflict of interest. Because prosecution is one thing, advising is another thing. And when it is prosecution, you read the constitution, it is at the absolute discretion of the PP (public prosecutor), which is the A-G, of course.
Absolute discretion means he does not consult anybody, not even the chief of the executive. That’s what I’m doing now.
Whenever I want to charge anybody, I won’t go running to the prime minister, “Hey, Mr Prime Minister, can I charge these people?” No. No way. Find an example. (Tan Sri) Rahim Thamby Chik. I decided on my own, he was also surprised.
I don’t consult anyone. It’s my discretion. The constitution says so, the law says so. And I exercise it as such.
So if you’re saying the government will have an influence in prosecuting anybody, the answer is “no”.
And that is the practice by all of the other A-Gs before me also. You can ask any former A-G, Tan Sri Abu Talib. He was an A-G for some time. You can also ask Gani (Tan Sri Abdul Gani Patail).
Ask any A-G... the government doesn’t have any say. And as PP I want to say, I may be repeating myself, I listen to nobody... I don’t listen to... not even the executive, I don’t listen to you, I don’t listen to the opposition, I don’t listen to anybody. I listen to the law, and the facts. – November 14, 2015.
.jpg)
