Bar Council member Syahredzan Johan today rebutted Umno lawyer Hafarizam Harun's claim that the Malaysian Bar's plan to discuss the removal of attorney-general Mohamed Apandi Ali was tantamount to challenging the Yang Di-Pertuan Agong who appointed him.
"Using the same logic, was the removal of the previous attorney-general also going against the Yang Di-Pertuan Agong as he was also appointed by his majesty?
"Of course not," said Shahredzan, who is also co-chair of the National Young Lawyers Committee.
He said while the attorney-general was indeed appointed by the Agong, the monarch does so on the advice of the prime minister.
"The Yang Di-Pertuan Agong does not have personal discretion in the appointment of the attorney-general, he must abide by the advice of the prime minister," Shahredzan said in a statement.
Apandi's predecessor Abdul Gani Patail was removed in July last year, which coincided with Najib Abdul Razak's move to purge the government of dissenters amid scandals of the prime minister receiving billions of ringgit in his personal bank accounts.
The Malaysian Bar is slated to discuss Apandi's position after receiving a motion on the matter for its extraordinary general meeting this Saturday.
Apandi had declared Najib innocent over his receiving of RM42 million from state-owned SRC International and RM2.6 billion from an offshore company in his personal bank accounts.
The Malaysian Bar had also filed a judicial review against Apandi's decision, insisting that the attorney-general does not have unfettered and absolute discretion in deciding not to prosecute.
Syahedrezan said Hafarizam as an experienced lawyer should not be accusing the Malaysian Bar of challenging the monarch.
"Coming from a senior lawyer who is more familiar with matters concerning the federal constitution, his (Hafarizam) claim that it (motion on Apandi) goes against the Yang Di-Pertuan Agong is uncalled for," said Syahredzan.
He added that there has yet to be any resolution for Apandi to resign as it is still a motion which must first be discussed at the general meeting.
Yesterday, Hafarizam, who is acting for Najib on a number of cases, said any discussion to censure Apandi could be construed as challenging Agong's royal prerogative.
