Should the current AG be terminated, and why?

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The Current Attorney-General Should Be Terminated Due to Lack of Confidence and Potential Complicity in the 1MDB Scandal

Lawyers For Liberty (LFL) asserts that the services of the current Attorney-General (AG), Tan Sri Mohamed Apandi Ali, should be terminated. This recommendation stems from his alleged complicity in the 1Malaysia Development Berhad (1MDB) scandal and the lack of confidence he commands from the new Prime Minister and his government. LFL argues that a delay in appointing a new AG will hinder crucial institutional and legal reforms, as well as anticipated prosecutions related to the 1MDB affair.
Allegations of Complicity and Loss of Confidence

Tan Sri Mohamed Apandi Ali is reportedly implicated in the 1MDB scandal due to his previous decision to clear former prime minister Datuk Seri Najib Razak of any wrongdoing concerning the sovereign investment firm. This action has led to a significant erosion of trust, with LFL adviser N. Surendran stating that Apandi "does not enjoy the confidence of the new PM and his reforming government." The absence of a functioning AG, with Apandi currently on garden leave, exacerbates the situation, creating a vacuum in a critical legal office.
Constitutional Provisions for Termination

Surendran highlighted that the termination of Apandi's services is constitutionally permissible without the need for a tribunal or inquiry. Article 145(5) of the Federal Constitution empowers the Prime Minister to advise the King to terminate the AG's services at any time. This provision underscores the executive's authority in appointing and removing the AG, with the King expected to act upon the Prime Minister's counsel.
Impact on Reforms and Prosecutions

The continued delay in appointing a new Attorney-General poses a significant risk to the momentum of key institutional and legal reforms championed by the new government. Furthermore, LFL expressed concern that the absence of a confirmed AG could impede or stall the widely expected prosecutions in the massive 1MDB financial scandal. The selection process has reportedly encountered complexities, with the Prime Minister, Tun Dr Mahathir Mohamad, having nominated senior lawyer Tommy Thomas, while the Yang di-Pertuan Agong Sultan Muhammad V has reportedly requested alternative nominees, citing a preference for a Malay Muslim and a former judge.

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Should the current AG be terminated, and why?

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