(July 31): The Malaysian Bar today reiterated its stand that the removal of Tan Sri Abdul Gani Patail as Attorney-General was unconstitutional, highlighting another article in the Federal Constitution on the right to be heard in the dismissal of a member of the judicial and legal services.

The Bar's president Steven Thiru, said he disagreed with the new Attorney-General Tan Sri Mohamed Apandi Ali that Gani's removal was lawfully done.

Thiru said under provision in the constitution, the A-G as a member of the judicial and legal services, served at the pleasure of the King.

However, Article 135 (2) provided for protection if the A-G was either dismissed or reduced in rank, where he would have a right to be heard.

Thiru said based on the statement issued by the government on Gani's removal, the latter had been reduced in rank, whereby he was only to serve until his retirement. Gani's retirement was due in October.

"So his right to be heard here, given that there is no allegation of misconduct against him, is over the reasoning that he was removed over health reasons.

"Any civil servant who is terminated for health reasons, there are medical boarding up procedures to go through which must be complied with, where the person has the right to go before a medical board and face these concerns and then they decide," Thiru said at a press conference today.

Apandi had defended the move to remove Gani, saying it was done in accordance with the constitution, which no longer required a tribunal to decide on his service.

He said the article in the constitution requiring a tribunal to decide on the removal of an A-G, had been substituted by a new clause.

"Under the existing Clause (5) of Article 145, the Attorney-General holds office during the pleasure of the Yang di-Pertuan Agong," Apandi said. – The Malaysian Insider