Legal experts support a bill to separate the Attorney General and Public Prosecutor roles, aiming to ensure independent, impartial prosecutions free from political influence.
KUALA LUMPUR: The legal fraternity has voiced strong support for the government’s move to separate the roles of the Public Prosecutor and the Attorney General.
This pivotal reform seeks to establish a more independent prosecution process, free from external interference, especially in high-profile cases.
Attorney General Tan Sri Mohd Dusuki Mokhtar explained the shift will remove the AG’s authority over prosecutorial matters.
“All authority concerning prosecutions and criminal matters will be vested entirely in the Public Prosecutor,” he told Bernama.
The office of the AG will instead be focused solely on its advisory role concerning legal and governmental affairs.
Prime Minister Datuk Seri Anwar Ibrahim announced the bill will be the first legislation tabled when Parliament reconvenes on Jan 19.
Former Court of Appeal Judge Datuk Yaacob Md Sam said the reform would dispel public perception that the Public Prosecutor acts under executive direction.
“The current dual role means the AG, who also serves as Public Prosecutor, often faces dilemmas and external interference,” he explained.
Lawyer Razman Sahat noted the AG will remain the government’s legal adviser but will no longer hold prosecutorial powers.
“Once amended, that provision will lapse, paving the way for a new, independent body,” he said.
He added this is expected to reduce conflicts of interest between political and prosecutorial functions.
Lawyer Mahmud Jumaat said the AG’s dual role has long drawn criticism, as it creates a perception that prosecution decisions may be swayed by political interests.
“This separation of functions will introduce a clear system of checks and balances on prosecutorial authority,” he added.
Malaysian Bar Council president Datuk Mohamad Ezri Abdul Wahab described the bill as a significant institutional reform.
“I urge all members of parliament to support it,” he said, noting a constitutional amendment requiring a two-thirds majority is likely needed.
Lawyer Muhammad Amin Abdullah said the change would enable both offices to function more effectively.
“This separation will strengthen the prosecution service by allowing the Public Prosecutor to act independently,” he concluded.
