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Tuesday, March 10, 2020

Continue work on law reforms, legal eagles tell new minister

Law minister Takiyuddin Hassan has been given a laundry list of requests on what to carry out.
PETALING JAYA: The Bar Council and lawyers have urged new law minister Takiyuddin Hassan to continue with law reforms in the country, giving a laundry list of requests starting with the separation of powers between the public prosecutor’s office and the Attorney-General’s Chambers (AGC).
Lawyer Fahri Azzat said this was crucial as the public prosecutor cannot be changed each time the attorney-general is replaced.
He said separating their powers would allow both to work independently.
Pakatan Harapan had pledged to separate the functions of the two if it came to power in the 14th general election. However, it later said it would need two-thirds majority in the Dewan Rakyat to do so.
Fahri also urged Takiyiddin to look at repealing the death penalty, saying the PH government had invested a lot of time studying the issue.
“I hope he continues to look for the best solution as a lot of work has already been done,” he said, adding that Takiyuddin should also review reforms to decriminalise drug users.
There are presently 18 criminal offences punishable by death, including drug trafficking, waging war against the Yang di-Pertuan Agong, terrorism, murder, killing victims during kidnapping, possession and use of firearms, rape leading to death and rape of minors.
The previous de facto law minister, Liew Vui Keong, had said the death penalty would be replaced with a minimum jail term of 30 years.
Lawyer M Visvanathan urged Takiyuddin to continue working on the implementation of the Independent Police Complaints and Misconduct Commission (IPCMC), the bill for which was postponed for the second time late last year.
He told FMT an IPCMC would have disciplinary power over the police, adding that “it should not be toothless”.
He also said custodial deaths at police stations and immigration detention centres must stop.
“There is no reason why people should die in the short time that they are under police remand,” he said.
“The new law minister should look at how to put a stop to this.”
The Bar Council, meanwhile, gave a list of laws which it said should be amended.
These include the Legal Profession Bill to enhance the independence of lawyers.
Council president Abdul Fareed Abdul Gafoor said they also want reforms on laws concerning refugees, asylum seekers and stateless people, as well as a comprehensive national legal aid system.
He also urged Putrajaya to establish a law ministry and law commission, and echoed the call for an end to the death penalty, and separation of powers between the AGC and public prosecutor. - FMT

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