PETALING JAYA: Malaysia’s decision to separate the roles of Attorney-General (AG) and Public Prosecutor (PP) has been hailed as a watershed reform that could strengthen prosecutorial independence and restore public trust in the justice system.
Constitutional law expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain said the dual role of the AG as both government legal adviser and chief prosecutor has long raised fears of political interference in sensitive cases.
“Yes, it’s vital since the posts at present require wide expertise and also to avoid undue influence as alleged by the public at large.
“Many cases where the courts are dismissing charges upon the AG’s request have caused public outcry. Separating the positions can help reduce the perception of political interference.”
Wan Ahmad Fauzi stressed, however, that the reform would only be meaningful if the PP is given the same constitutional safeguards as a judge.
“The separation will strengthen the independence of the judiciary if the PP is guaranteed independence as accorded to a judge. There must be a tribunal if there is a legal reason to dismiss the PP,” he said, adding that such protection is key to ensuring prosecutorial decisions are made without fear or favour.
The government has said the separation will be carried out in phases, beginning with constitutional amendments. Wan Ahmad Fauzi urged greater clarity on the timeline.
“This idea has been mooted a long time ago. The government needs to explain the challenges to the public to justify the required phases.
“I believe a constitutional amendment to Article 145(3) will not be an issue in Parliament. In fact, at present, we already have two solicitors-general besides the AG.”
He said the impact on ongoing or future high-profile cases, particularly those involving politicians, would depend on the level of constitutional protection afforded to the PP.
Looking ahead, he said the move could set the stage for broader reforms.
“Yes, this move sets a precedent for broader constitutional reforms in Malaysia’s governance structure.
“I hope the proposed amendment will happen soon and my suggestions above will be considered.”
Former Malaysian Bar president Salim Bashir agreed the reform was both necessary and overdue.
“Currently, Malaysia embraces a consolidated position of AG and PP in a single role. The government’s commitment to spearheading their separation by establishing an independent office of Public Prosecutor with autonomous power and structures is an important milestone.”
He pointed out that the change would require amendments not only to Article 145 of the Federal Constitution but also to Section 376 of the Criminal Procedure Code.
“The move should be warmly welcomed as it will enable the PP to be free from any political interference and restore public trust in the criminal justice system.”
Salim added that the independence of the PP would hinge on how the appointment process is structured.
“The appointment of the PP should be guarded with security of tenure from any arbitrary removals and the choice of candidates must be entrusted to an independent committee.”
He also stressed the need for clear delineation of the AG’s and PP’s responsibilities to prevent overlaps or conflicts of interest.
On Wednesday, the Cabinet endorsed the separation. Communications Minister Datuk Fahmi Fadzil described it as a landmark decision, adding that the decision was reached after a presentation by Law and Institutional Reform Minister Datuk Seri Azalina Othman Said.