Lawyer hails AG-prosecutor split, calls for real independence

DAP Wanita legal bureau head Sangeet Kaur Deo says the dual role has long created tension in Malaysia’s legal system.

DAP Wanita legal bureau head Sangeet Kaur Deo said safeguards must be put in place, including transparent appointments through Parliament or an independent body.

PETALING JAYA:

 DAP’s Sangeet Kaur Deo has welcomed the government’s decision to separate the roles of attorney-general and public prosecutor but stressed the move must ensure genuine independence from political interference.

The DAP Wanita legal bureau head said the dual role has long created tension in Malaysia’s legal system as the AG advises the government while also prosecuting cases on behalf of the state.

“Separation of functions, while necessary, will not by itself guarantee independence. The deeper challenge lies in political culture,” said the lawyer in a statement.

“Even the most carefully drafted provisions will falter if informal influence or interference is allowed.”

Sangeet said safeguards must be put in place, including transparent appointments through Parliament or an independent body, fixed tenure, and a requirement that any government directions to the public prosecutor be made public.

Putrajaya yesterday announced it will draft amendments to several articles of the Federal Constitution, a new reform bill and a new Act to implement the separation of the roles of the AG and the public prosecutor.

In a statement, the legal affairs division of the Prime Minister’s Department said the Cabinet had decided to implement the two roles as separate and equal positions under the Federal Constitution.

This comes after Prime Minister Anwar Ibrahim said in December the Cabinet had accepted a proposal to separate the functions of the attorney-general and the public prosecutor. - FMT