SEVERAL senior officers from Malaysia’s judicial and legal services have emerged as front-runners to replace Attorney-General (AG) Datuk Ahmad Terrirudin Salleh, who is expected to be appointed as a Federal Court judge, according to sources.
Among those being considered for the top legal post are Solicitor-General (II) Datuk Umar Saifuddin Jaafar, head of the trial and appellate division Datuk Dusuki Mokhtar, and prosecution division chief Datuk Masri Daud. All three have served in the legal service for over two decades.
Another strong candidate is Datuk Wan Shaharuddin Wan Ladin, the legal and prosecution division director at the Malaysian Anti-Corruption Commission (MACC).
The appointment of the AG is governed by Article 145 of the Federal Constitution, which mandates that the AG is appointed by the Yang di-Pertuan Agong on the advice of the prime minister. The chosen candidate must be qualified to serve as a judge of the Federal Court.
Under Article 123, this requires being a Malaysian citizen and having at least 10 years of experience as a practising lawyer or a member of the judicial and legal services.
Moreover, there is speculation that a prominent lawyer could be selected, similar to the 2018 appointment of Tan Sri Tommy Thomas by the Pakatan Harapan government.
One leading contender from the legal field is Azmi Ali, a senior partner at one of Kuala Lumpur’s largest legal firms. With approximately 30 years of practice, Azmi is recognised as one of Malaysia’s top corporate lawyers, specialising in mergers and acquisitions, joint ventures, cross-border transactions, and other areas of corporate law.
Another potential candidate is Datuk Baljit Singh Sidhu, a lawyer with extensive experience in criminal law litigation spanning 25 years. Baljit currently serves on the royal commission of inquiry reviewing the Batu Puteh sovereignty case and is a member of the MACC’s advisory panel.
Former Malaysian Bar president Salim Bashir noted that the new AG must be a figure of unimpeachable integrity, with significant experience and a deep understanding of criminal law.
“The AG, who also acts as the public prosecutor, wields considerable power in the criminal justice system and therefore, he should be someone who has the experience and a thorough understanding of criminal law.”
According to Salim, as the guardian of public interest, the AG is the voice of the rule of law and would need to advise the government on ways to conform with the Federal Constitution and all written laws.
Meanwhile, a retired deputy public prosecutor, speaking on condition of anonymity pointed out that the new AG must possess a comprehensive understanding of various divisions within the AGC including drafting, law revision, law reform, international affairs, and research.
“The AG must be an all-rounder,” the retired DPP said, stressing the importance of providing reliable legal opinions to ministries and departments.
He added that such opinions are not equivalent to submissions made in court before a ruling is made.
Furthermore, Lawyer R Kengadharan said that the new AG should prioritise the nation’s welfare and the professional development of subordinate officers.
He pointed to the leadership qualities of former AG Tan Sri Gani Patail, who served for 13 years until 2015, and cautioned against appointing an AG for a short term, which could hamper the AGC’s ability to serve the public interest effectively. – Aug 21, 2024
