‘AG must be independent to protect public interest’

By training, an Attorney-General should know how to distinguish between friendship and his professional function, says former judge Gopal Sri Ram.

KUALA LUMPUR: The Attorney-General (AG), being a constitutional appointee, must act without fear or favour in his role as custodian of public interest, a retired judge said.

“The AG is impervious to the personal interests of Cabinet members, the civil service or indeed any person,” said Gopal Sri Ram, who left office after serving in the Federal Court.

The AG in Malaysia wears two hats — as chief legal adviser to the government and as public prosecutor.

Sri Ram said the AG was only concerned with giving advice according to the law when he was asked.

“As public prosecutor, he takes into account whether the evidence placed before him will result in a conviction,” he said.

Sri Ram said former Lord President of the Federal Court Mohamed Suffian Hashim once said that the AG should act honestly, irrespective of party or government interest.

“In this sense, he protects public interest from abuse of power by any person.”

He said this in response to a statement by retired Court of Appeal Judge Mohd Hishamudin Md Yunus, who felt incumbent AG Mohamed Apandi Ali must act professionally to ensure the Malaysian Bar remained independent.

Hishamudin, who spoke at a public forum last week on the proposed amendments to the Legal Profession Act, said that as a guardian of public interest, the AG was supposed to ensure all branches of government respected the Constitution and the rule of law.

Sri Ram added that public interest may warrant the AG, however high one may be, to prosecute the individual in criminal cases.

He said the mere fact that the AG was seen to be close to the Cabinet or any minister did not mean he would not prosecute if the accused did any wrong.

He said as a lawyer by training, the AG would know how to distinguish between friendship, and his professional function and duty.

Last week, Court of Appeal Judge Hamid Sultan Abu Backer, in delivering a judgment, also said the AG could not be stopped from intervening in public interest cases because he was custodian of the public.

However, Hamid said the judiciary would also be vigilant as judges had also taken a constitutional oath to preserve, protect and defend the Constitution.