With the statement issued by Istana Malaysia to Malaysia National News Agency on June 4, Yang di-Pertuan Agong Sultan Muhammad V has given his consent to the appointment of Tommy Thomas as the new attorney-general according to Article 145 (1) of the Federal Constitution on the advice of the Prime Minister, Tun Dr. Mahathir, and the duties and services of Apandi Ali as a attorney-general has also been terminated, the “storm in a teacup” regarding the appointment of new attorney-general has finally come to a conclusion.
Although different views have been raised by different parties for this matter, I am pleased and feel great relief that this appointment made by Yang di-Pertuan Agong according to the Supreme Law of Malaysia – Federal Constitution has been respected and accepted by all parties.
In Malaysia, a person to be appointed as a attorney-general should not only possesses profound legal knowledge (at least 10 years legal related working experience), he/she should also adhere to the belief of integrity and justice, enforce the law impartially and action diligently in providing high quality legal services to our country according to the Federal Constitution and laws.
Besides, a attorney-general is vested with the power of competency in all criminal proceedings, other than proceedings before a Syariah Court, native court or a court-martial. Malaysia is a constitutional monarchy and parliamentary democracy of federal and state level. Its separation of power – Parliament and State Legislative Assembly (The Legislative), the judicial branches (The Judiciary) and the government (The Executive) exercise their powers independently and subject to the checks and balances for the prevention of abuse of power.
Before the amendment of Federal Constitution in 1985, the removal procedure of a attorney-general remain the same as the removal procedure of a high court (or higher court than high court)’s judge, which is according to the judgement issued by a tribunal (consist of not less than five persons who hold or have held of office as judge of the Federal Court, the Court of Appeal or a High Court) appointed by the Yang di-Pertuan Agong.
But now, a attorney-general can be appointed or removed by the Yang di-Pertuan Agong on the advice of the Prime Minister and the former attorney-general Abdul Ghani and Apandi Ali had been appointed and removed according to the 1985’s Federal Constitution.
By Integrating the above-mentioned, I hereby,
- Support the appointment of Tommy Thomas as the new attorney-general and removal of Apandi Ali as the formal attorney-general since this decision has been made according to the law and procedure of Federal Constitution;
- Urge the parliament respect the truth that Malaysia is a constitutional monarchy, and in order to re-achieve the separation of power, they shall amend the Federal Constitution and re-implement the original clauses regarding the appointment and removal of attorney-general, especially the said decision should be made according to the judgement of tribunal and not according to the advice provided by Prime Minister;
- Hope the parliament has the power to appoint a special prosecutor once they have gained more than one-third of supports from the members of parliament. The Special prosecutor shall be vested with the power of investigation and prosecution on specific matters and be provided with an individual office with special budget in order to proceed their duties in orderly manner.
Besides, interestingly, the Royal Commission of Inquiry of Malaysia, although they are vested with the power of investigation on government’s unlawful practice and illegal activities, they do not have any power of prosecution and this can be seen as one deficiency of the said Commission.
By referring to this, I would suggest that we may borrow from the experience of the United States’ appointment system of independent prosecutor and I hereby urge the parliament to consider and discuss the advantages and disadvantages of the division of duties and power of the said system and progressively implement the same into our procuratorial system.
Lastly, I hereby congratulate Tommy Thomas on his appointment as the new attorney-general and I have put my high expectation on him. I hope that the public can regain their confidence and trust on our country’s procuratorial system under his leadership.