AGC voiced concerns over Rome Statute during BN rule, says Apandi

Looi Sue-Chern Looi Sue-Chern Updated 5 years ago · Published on 5 May 2019 5:01PM · 6 Comments

Former attorney-general Mohamed Apandi Ali says he agrees with the opinion of his predecessor that the Rome Statute may be contrary to the Federal Constitution. – The Malaysian Insight file pic, May 5, 2019

CONCERNS that ratifying the Rome Statute will affect the Federal Constitution and Malay rulers led the Attorney-General’s Chambers (AGC) to reject the treaty during the Barisan Nasional administration.

Former attorney-general (A-G) Mohamed Apandi Ali said when he was in charge of the AGC, he and his officers had agreed with the reservations in the opinion given by his predecessor Abdul Gani Patail.

Gani was A-G from January 2002 to July 2015 before Apandi held it until last June.

“If I recall correctly, he (Gani) was concerned that the ratification might be contrary to our constitution, as it might affect our constitutional monarchs,” Apandi told The Malaysian Insight today.

Apandi said the constitution remains the same despite in change of government. 

“We have to uphold the law and not act merely on the instruction of the government. We call a spade a spade according to the law.”

He was asked to shed light into why the AGC refused to go along with Putrajaya on the Rome Statute in the past. 

Yesterday, current A-G Tommy Thomas told a public forum that his two predecessors had refused to implement the Rome Statute.

Thomas’ view on the A-G’s role differed from Apandi’s. The former reportedly said with the government as his “client”, he should be expected to follow instructions.

“I did not know that as A-G, I can refuse to act on the instruction of the client (the Cabinet),” Thomas said.

When Gani was A-G, the Barisan Nasional government under Najib Razak wanted to be part of the International Criminal Court in late 2010, following Israel’s attack on vessel Gaza Freedom Flotilla, but the AGC objected.

In August 2015 after the downing of Malaysia Airlines’ MH17 in Ukraine, Najib’s cabinet again ordered the AGC then under Apandi to prepare for the ratification of the treaty. The AGC refused again.

The matter has now become an issue under the Pakatan Harapan administration.

Prime Minister Dr Mahathir Mohamad announced last month that Malaysia has no choice but to quit the treaty, following criticism from the Johor palace and other parties over fears that the statute will undermine the institution of Malay rulers.

Gani could not be reached for comment. – May 5, 2019

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Comments

  • When our Rulers have no immunity under our Constitution since 1993, how does the Rome Statute change anything? As AG you can give your opinion but at the end of the day the AG cannot defy the instructions of the Cabinet.

    Posted 5 years ago by Gerard Lourdesamy · Reply

  • Apandi is an idiot therefore he doesnt understand the Rome Statute.
    Btw, when will The dungu be charged?

    Posted 5 years ago by Kampung Boy · Reply

  • We have to uphold the law and not act merely on the instruction of the government. We call a spade a spade according to the law.
    This shameless Apa_pandi is the least qualified person to talk.

    Posted 5 years ago by Chee yee ng · Reply

  • Paandi Kutty should be brought before a RCI on his misdeeds and his pension should be reduced.

    Posted 5 years ago by Soma Govin · Reply

  • Paandi Kutty should be brought before a RCI on his misdeeds and his pension should be reduced.

    Posted 5 years ago by Soma Govin · Reply