It is now high time to separate the roles of the attorney-general and that of the public prosecutor, said Gerakan Youth deputy chief Andy Yong.
He said the Pakatan Harapan-led federal government should amend laws such that it would disallow the same person from playing both roles, as the status quo could give rise to conflicts of interest especially when a powerful government figure is being prosecuted.
“An independent attorney-general is one of the hallmarks in ensuring that justice is not only done, but also seen to be done.
“An independent attorney-general is able to serve the government of the day effectively, ensuring that they act within the law. An independent public prosecutor will be able to prosecute criminals, no matter who they are, without fear or favour,” the lawyer said in a statement today.
He said the relevant laws are Article 145 of the Federal Constitution that specifies the position and role of the attorney-general, and Section 376 of the Criminal Procedure Code that among others specify that, “The attorney-general shall be the public prosecutor and shall have control and direction of all criminal prosecutions and proceedings under this code”.
“Taking immediate steps” to separate the office of the attorney-general from that of the public prosecutor is one of Harapan’s election promises. It is listed as Promise 15 in its election manifesto."
The manifesto also promised that the attorney-general shall be appointed from amongst qualified MPs, and would become a minister and serve as the government chief legal advisor.
The public prosecutor’s office, meanwhile, will be held by another individual “who can act without partisan interest” and will enjoy autonomy in exercising his prosecutorial powers.
Yong's statement came amid a standoff between the government and the Conference of Rulers on whether veteran lawyer Tommy Thomas can be appointed to replace Mohamed Apandi Ali as attorney-general.
This was purportedly due to Harapan’s choice of a non-Muslim being the attorney-general.
On that matter, Yong said the attorney-general is appointed by the Yang di-Pertuan Agong upon the advice of the prime minister. Hence only the Agong can remove the current attorney-general from office.
“Perhaps subsequently they can appoint Thomas as the public prosecutor. But the question then would be whether Thomas has the experience in criminal law (since) he is better known to be well-versed with constitutional law.
“The Agong and government too can then appoint a qualified legal adviser i.e. attorney-general to advise on the laws including Syariah matters,” Yong suggested.
Meanwhile, Bersatu strategy and policy bureau chief Rais Husin has reportedly called for calm amid criticism that Harapan is not delivering on its promise to appoint an MP as the attorney general.
Free Malaysia Today quoted him as saying that Apandi cannot be expected to commit to reforms that the Harapan-led government is pursuing, so a new appointee would have to start the process.
“It cannot be a case of abracadabra and everything happens like magic. We’ve inherited a system and we must follow due process. We hope people can understand that not everything can be done in one day, but we will fulfil our promises,” he was quoted as saying.
Rais, who is one of the key drafters of the Harapan manifesto, acknowledged that the coalition had promised to appoint an MP as attorney-general and to separate the role of the attorney-general from that of the public prosecutor.
However, he pointed out that these are not among the pledges that Harapan had promised to deliver within its first 100 days in office, and would be implemented within its five-year term instead. -Mkini
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