This article first appeared in The Edge Financial Daily, on November 16, 2015.
KUALA LUMPUR: In this final article from the interview with Attorney-General Tan Sri Mohamed Apandi Ali, 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”.
Mohamed Apandi 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.
Mohamed Apandi said there was no congratulatory note from the council on his appointment as AG in July, nor was there a request for a courtesy call, adding that “something was not right”. “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 AG,” he told The Malaysian Insider in a recent interview.
The AG 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, Mohamed Apandi added that he was the first Bar Council member to be appointed as AG in the history of Malaysia. “I’m the first practising lawyer to be appointed as the AG 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.” He denied there was any bad blood between him and the Bar Council, adding that during his career, he spent more time in the council than in Umno.
In an earlier article, Mohamed Apandi said he had resigned from all political associations or party posts 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 AG said he was surprised over the council’s reaction but added that his doors were always open. Mohamed Apandi says it is a Commonwealth practice to have the public prosecutor and the AG as the same person.
Mohamed 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 AG 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, and when it [comes to the] prosecution, you read the constitution, it is [the] absolute discretion of the public prosecutor, who is the AG,” said Mohamed 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
Mohamed 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 AG.
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 AG in the history of Malaysia.
I’m the first practising lawyer to be appointed as the AG 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?
Mohamed 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, lawyers from the Sarawak Association and 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 is: “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”.
Do you think this shows that the Bar Council is biased or partisan?
I don’t know. My question is, something is not correct there. Human relationship sense not correct, professional relationship sense 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?
Is there any bad blood between you and the current leaders?
No.
When you were on the bench, did you rule against the council?
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.
What are your views on the Bar Council? Some view it as being pro-opposition. What do you think?
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.
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 AG cannot be adviser to the government and at the same time, chief prosecutor. What are your thoughts on this?
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 AG? 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.
But why not? Why can’t she ask the question now?
We have been doing it from Merdeka, as per article 145(3), right to prosecute is on the AG, 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 AG 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?
So you don’t agree with her then? Why?
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 AG, 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 AGs before me as well. You can ask any former AG, Tan Sri Abu Talib. He was an AG for some time. You can also ask Gani (Tan Sri Abdul Gani Patail).
Ask any AG, the government doesn’t have any say, and as a PP I want to say, I may be repeating myself, I listen to nobody, not even the executive, I don’t listen to you, to the opposition, I don’t listen to anybody. I listen to the law, and the facts. — The Malaysian Insider