Agong must comply with govt's A-G recommendation, says ex-chief justice


Tommy Thomas is described as apolitical and has a deep respect for the rule of law, thus making him a suitable attorney-general. – The Malaysian Insight pic by Hasnoor Hussain, June 4, 2018.

FORMER chief justice Zaki Azmi said the Yang di-Pertuan  Agong is required by law to comply with the government’s recommendation to appoint senior lawyer Tommy Thomas as the attorney-general.

“The Yang di-Pertuan Agong cannot refuse or delay his consent. I’m sure the government has judged Thomas’ character before nominating him for the post,” he told Bernama today.

Zaki said he had known Thomas for a long time and had previously conducted court cases together with him.

With reported reservations of the palace over the government’s choice of A-G, the Malay rulers are expected to deliberate on the appointment of the new A-G tomorrow.

Zaki, who was a lawyer before being appointed Court of Appeal president and chief justice, was responding to questions about the proposed appointment of Thomas as A-G.

Prominent criminal lawyer N. Sivananthan said being someone from “outside the system”,  Thomas was an excellent choice to fill the position as he would have a different perspective on the matters at hand.

“He has impeccable credentials and is ‘straighter than a ruler’. He has, by and large, been apolitical and has a deep respect for the rule of law. I think he’s someone who cannot be bullied or influenced to do anything unethical or illegal regardless of who is asking,” he said.

Sivananthan said Thomas’ knowledge of the law was second to none, and comments made that he was not conversant in criminal law were nonsense as he could issue a fiat to a private lawyer to prosecute such cases to ensure that the prosecution was done fairly and free from allegations of bias since private lawyers handling these cases would not have any allegiance to the A-G.

“He’s a skilled litigator and I think he’s the perfect choice to be the legal adviser to the government and, to be honest, I don’t envy the onerous and monumental task ahead of him (if chosen as A-G),” he said, adding that a person who took up the position must have a deep-rooted desire “to put things right”.

Constitutional lawyer Malik Imtiaz Sarwar said Thomas was a suitable choice as he was a very experienced lawyer and understood the constitution and the rule of law well. 

“There won’t be any other ideal candidate. This person must possess the essential core strengths for the position and be a person of impeccable integrity,” he said. – Bernama, June 4, 2018.


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Comments


  • If ever there is an impasse, or the Rulers after consulting with their lawyers, submit the name of another candidate tomorrow after the Rulers' scheduled meeting, the Govt can decline their nomination & insist on its strict legal rights as is clearly spelt out in the Federal Constitution on the proper procedure to be adopted, and proceed to appoint Tommy Thomas as the A-G, while ratifying it in an emergency special session of Parliament?..

    Posted 5 years ago by MELVILLE JAYATHISSA · Reply