Attorney-General Tan Sri Abdul Gani Patail hid the fact that he was under police investigation from the Pardons Board, which had disposed of a clemency application by opposition leader Datuk Seri Anwar Ibrahim's family members, a former senior police said in a report lodged against the chief prosecutor.
Datuk Mat Zain Ibrahim, a former Kuala Lumpur police CID chief, said as a result, the Board's disposal of the royal pardon application was defective, as police investigations are still on-going.
The retired policeman wants Prime Minister Datuk Seri Najib Razak to advice the Yang Di Pertuan Agong to set up a tribunal to try Gani for misconduct.
In his police report lodged on April 19, Mat Zain said Gani had misled the board which is chaired by the King, by failing to disclose that he was being investigated for sanctioning false information in affidavits related to Anwar's sodomy case.
Gani is a member of the Pardons Board, which advises the King on whether clemency should be granted for applications received.
The affidavits that contain false information on Anwar's sodomy case were filed by lawyer Tan Sri Muhammad Shafee Abdullah, who was engaged as deputy public prosecutor in Anwar's sodomy trial.
Mat Zain alleged that Shafee had made two false affidavits in the Court of Appeal proceedings. The ex-policeman said this in his police report lodged on December 15, 2013.
The affidavits were sanctioned by the Attorney-General's Chambers. They were made in response to Anwar's attempt to recuse Shafee from leading the prosecution in their appeal against Anwar's acquittal by the High Court.
Shafee eventually led the prosecution team to obtain a conviction against Anwar for sodomy, when the Court of Appeal in early March last year, reversed Anwar's acquittal by the High Court.
On February 10 this year, the Federal Court dismissed an appeal by Anwar and upheld the conviction and five-year jail sentence imposed by the Court of Appeal for having sodomised his former aide Mohd Saiful Bukhari Azlan in 2008.
But Mat Zain said that Gani remained under police investigation, as one order to investigate the AG was issued by a deputy public prosecutor on January 3, 2014.
A second order to investigate on the same case was issued on March 31 this year, after the board had decided on the pardon application by Anwar's wife and daughters.
"The AG should have disclosed to the board that he was under investigation, following the issuance of the order to investigate," Mat Zain said in his recent report filed at the Putrajaya police station.
"I believe the king would not have proceeded with the board meeting and made a decision if Gani had made a full disclosure," he added.
He said the disposal of Anwar's pardon was defective as police investigation was still on-going.
Mat Zain believed that the probe on his earlier report was delayed because there was sufficient evidence, to implicate Gani and several others.
In a High Court proceeding on April 1, it was revealed through an affidavit affirmed by the director-general of the Legal Affairs Division in the Prime Minister’s Department, Datuk Nursiah Arshad that the board chaired by the King had disposed of the application for pardon on March 16.
However, Anwar's wife Datin Seri Dr Wan Azizah Wan Ismail, their daughters Nurul Izzah and Nurul Nuha have disputed the board's decision as they have not been officially notified.
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