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Media Statement

Aliran utterly dismayed with appointment of new AG

gani Aliran is utterly dismayed and disappointed with the appointment of Datuk Abdul Gani Patail as the new Attorney-General succeeding the current holder of the post, Datuk Seri Ainum Mohd Saaid. It is an appointment that is not likely to enhance the prestige of our system of justice or encourage public confidence in the fairness of prosecution.

Abdul Gani comes with a dark cloud hanging over his head regarding his controversial conduct concerning the Datuk Seri Anwar Ibrahim and Nallakaruppan cases, as alleged by Manjit Singh in his hand-delivered letter to then Attorney-General Tan Sri Mohtar Abdullah on 12 October 1998.

According to this letter (which is on public record and easily available and reproduced in Aliran Monthly, Vol 21(6) pp 7-8), it was alleged that Abdul Gani was involved in a questionable attempt to elicit evidence against Anwar Ibrahim in a way that would prejudice his case. It is suggested that Abdul Gani had wanted Nallakaruppan to bear false witness against Anwar Ibrahim.

A totally-shattered Manjit agonised in his letter:

"I was shocked that Dato Gani even had the gall to make such a suggestion to me. He obviously does not know me. I do not approve of such extraction of evidence against ANYONE, not even, or should I say least of all, a beggar picked up off the streets. A man's life, or for that matter even his freedom, is not a tool for prosecution agencies to use as a bargaining chip. No jurisprudential system will condone such an act.

"It is blackmail and extortion of the highest culpability and my greatest disaapointment is that a once independent agency that I worked with some 25 years ago and of which I have such satisfying memories has descended to such levels in the creation and collection of evidence. To use the death threat as a means to the extortion of evidence that is otherwise not there (why else make such a demand?) It is unforgivable and surely must in itself be a crime, leave alone a sin, of the greatest magnitude. Whether his means justify the end that he seeks are matters that Dato Gani will have to wrestle with within his own conscience."

Further, the Federal Court in the Zainur Zakaria case never cleared or exonerated Gani and in fact raised very serious concerns about prosecutorial propriety.

His appointment begs the question: What is integrity all about? Does it amount to anything in our system of justice? A person without a tainted character would be the best person qualified to hold this high position. Such a person would bring respect to his office and win the confidence of the public.

Justice itself has fallen victim with this appointment. Whatever hope there may have been for change has been brutally reversed. Sadly, it is back to the bad old days. This appointment has starkly emphasised the government's complete contempt for public opinion and for our shared values in the notion of fairness and justice.

P Ramakrishnan
President
20 November 2001