Constitutional procedures such as the Conference of Rulers' approval, should be adhered to before a new attorney-general is appointed, a senior lawyer said today.

The constitutional law expert said the Yang di-Pertuan Agong under the Federal Constitution is not a free agent and his decisions are subject to scrutiny by the conference upon the advice of the prime minister.

"The appointment of an AG is a major decision because it is a constitutional position. It cannot be the decision of only two men," said the lawyer, who requested anonymity.

"The only remedy is to bring the matter up in Parliament. But our Parliament here is not functioning as a Parliament under the present government," he said.

Recently, Minister in the Prime Minister's Department Rais Yatim announced Abdul Gani Patail, as the new AG. He commences duty on Jan 1, replacing Ainum Mohd Saaid.

Ainum, who was first woman AG in the country, handed in her resignation on Nov 19, citing health problems. She took on the job in December last year.

Serious allegations

Prior to her notice of resignation, Ainum went on two-months leave to recuperate from thyroid disease.

However, speculation was rife that she was investigated by the Securities Commission, where she was deputy chief executive officer before her appointment as AG.

Abdul Gani was among the leading prosecutors in ex-deputy premier Anwar Ibrahim's sodomy and corruption trial. His involvement in the case raised eyebrows by illiciting two serious allegations of obstruction of justice.

He was alleged to have negotiated a deal with Anwar's former tennis partner S Nallakaruppan to fabricate evidence against the former deputy premier in return for charges against the businessman be dropped or lessened.

Nallakaruppan was facing charges under the Internal Security Act for illegal possession of firearms which carries a mandatory death penalty.

There are also complaints that Abdul Gani failed to pursue corruption charges against the Minister of International Trade and Industry Rafidah Aziz and former Malacca chief minister Abdul Rahim Thamby Chik.

Motion to debate denied

Last Friday, Teresa Kok (DAP - Seputeh) submitted to Parliament an urgent motion to debate AG's the appointment on grounds that it was unconstitutional.

She questioned why de facto law minister Rais made the announcement, when the cabinet had not met to discuss the appointment, and Mahathir had not advised the King on the matter yet.

In rejecting her application House speaker Dr Mohamed Zahir Ismail said, Abdul Gani has yet to be appointed the new AG as the appointment has not been approved by the King.

He also dismissed allegations made against Abdul Gani and said it should not be used as an excuse to invoke an urgent motion.

According to Article 145 (1) of the Constitution, "The Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person who is qualified to be a judge of the Federal Court to be the attorney-general of the federation".

In response to the dismissed motion, DAP chairperson Lim Kit Siang said Mohamed Zahir seemed to have forgotten the proper role and limits of the powers of a speaker.

Unconstitutional appointment

Lim said, the speaker had not only denied Kok the parliamentary right to raise urgent issues of public importance, but also "usurped the role of the executive to answer to Parliament by becoming the government's public relations officer".

Lim also said, Mahathir should reconsider Abdul Gani's appointment as it was 'unconstitutional'.

"Never before in the nation's history has the proposed appointment of the new AG plunged the country into a new crisis of confidence in the system of justice in Malaysia," said Lim in a press statement.

"There had been examples of an AG leaving the office under a cloud, but never one of an AG assuming office under a cloud," he added.