Prime Minister Dr Mahathir Mohamad should initiate an independent survey to gauge whether Abdul Gani Patail's appointment as attorney-general would further undermine public confidence in the judiciary, an opposition leader said today.

"The prime minister should be aware that although there had been the instance of an attorney-general leaving the office under a public cloud, there has never been yet the instance of an attorney general assuming office under a cloud and Malaysia should not establish such an undesirable precedent," said DAP national chairperson Lim Kit Siang.

On Nov 19, Minister in the Prime Minister's department Dr Rais Yatim announced that current senior deputy public prosecutor Abdul Gani Patail would be replacing Ainum Mohd Saaid, who tendered her resignation a day before citing health reasons, as AG beginning Jan 1 2002.

Rais, who is also de facto law minister, said Abdul Gani would assume the duties of Ainum as soon as she goes on leave prior to her resignation.

The announcement raised doubts if the constitutional aspects of the appointment were followed, especially when the late King, Sultan Salahuddin Abdul Aziz Shah was seriously ill.

Rais told malaysiakini on Tuesday that the government has yet to obtain a royal approval but said it should be allowed to proceed with the appointment.

Yesterday, Prime Minister Dr Mahathir Mohamad ignored a question on the status of the appointment when asked at a press conference held in the Parliament lobby.

Faux pax

Lim today said Rais's premature announcement regarding the appointment had also given the government the opportunity to reconsider candidates for the much coveted post.

"The country should thank Rais for his faux pax to provide such a window of opportunity for the prime minister to consider the appointment of the new attorney-general, although this was never the intention of the de facto law minister," Lim said.

Many civil society groups and opposition parties have also voiced their objection to the appointment questioning Abdul Gani's integrity.

Abdul Gani, 46, first came into the limelight after successfully prosecuting deputy premier Anwar Ibrahim, now serving a15-year jail term for abuse of power and sodomy.

Served well

Meanwhile the Bar Council today in a statement said that it regretted Ainum's decision to resign.

"Although her tenure of service was comparatively short, she has served well as the attorney-general with integrity, fairness and resilience.

"During her term of office, the Bar Council enjoyed an improved relationship with the Chambers, a relationship essential to the workings of both the Bar Council and the AG's Chambers respectively and in the public interest," said Bar Council chairman Mah Weng Kwai.