Allow solicitor-general to prosecute, says ex-Bar president

 

Former Malaysian Bar president Ragunath Kesavan says the attorneys-general in the 1970s delegated prosecutorial powers to the solicitor-general. (Reuters pic)

PETALING JAYA: A former Malaysian Bar president has suggested that the attorney-general (AG) limit his function to providing legal advice to the government and allow the solicitor-general to concentrate on prosecutorial duties.

Ragunath Kesavan said this was the administrative arrangement when Abdul Kadir Yusuf (1963-1977) and Hamzah Abu Samah (1977-1980) were both attorney-general and Cabinet members

“Both, who had legal backgrounds, delegated prosecutorial powers to the solicitor-general and limited their duties to providing advisory services to the government,” he said.

Giving another example, Ragunath said when Salleh Abas was solicitor-general between 1966 and 1979, he concentrated on prosecutorial matters such as framing and withdrawing of charges and handling appeals.

He said it was only after 1980 that the attorney-general actively took the role of public prosecutor as provided for under the Federal Constitution.

“At the present rate, one cannot expect the AG to be an active public prosecutor due to the volume of cases in courts. It is best that he delegates it to the SG,” he told FMT.

Ragunath said the roles and functions of the attorney-general and public prosecutor could be officially separated when the constitution and other federal laws were amended.

He said this in response to de facto law minister Wan Junaidi Tuanku Jaafar’s recent statement that a proposed law separating the roles of the attorney-general and public prosecutor was not likely to be enacted before the 15th general election if it is called this year.

Wan Junaidi said this was because engagement sessions with stakeholders on the proposed law had not been held yet.

Another former Bar president, George Varughese, said there should not be any delay as discussions and debates had been held over the proposal in the past.

“There is no impediment and to my mind, two-thirds of MPs will support the amendment to the constitution to have separate individuals appointed as AG and head of the prosecutorial service,” he said.

In 2018, Pakatan Harapan pledged to separate the responsibilities of the attorney-general and public prosecutor, and later established a five-member institutional reform committee chaired by retired judge KC Vohrah, who has since died.

Varughese said those in the present government, including Azalina Othman Said, had voiced support for the move.

Azalina, a lawyer by training, had said that the Attorney-General’s Chambers needed to be reformed to rebuild public confidence.

In 2019, the Judicial and Legal Service Officers Association (Jalsoa) conducted a survey to obtain feedback from its members on separating the roles of the attorney-general and the public prosecutor.

The views were supposed to be presented to the Cabinet the following year, but it is unclear what happened to the study. - FMT