The Malaysian Insight

THE current practice of the attorney-general performing two roles, as public prosecutor and as legal adviser to the government, has created problems of accountability, said a group of retired Malay senior civil servants. 

The group, which calls itself G25, called for the two roles to be separated, as the current practice of the A-G performing both duties had hindered the prosecution of corruptions cases involving government officials. 

“Article 145 of the Federal Constitution  and Article 376 of the Criminal  Procedure Code would need to be amended to redefine the functions of the attorney-general, and to establish the separate independent office of the Director of Public Prosecution (DPP),” it said in its Invigorating Economic Confidence in Malaysia report released today. 

The group said the separation of the two roles would avoid conflict of interest and the suspicion or perception of political interference in the AG’s prosecutorial function. 

The group also suggested that the A-G should be appointed (with security of tenure) or terminated by the Yang Di-Pertuan Agong on the advice of an independent commission through a transparent, accountable and merit-based process.

“Likewise, to secure the independence of the DPP in the exercise of its functions, appointment (with security of tenure) or termination by His Majesty will be upon the advice of the same independent commission adopting the same process based on the principles of accountability, transparency and merit-based,” it said.

Currently, the AG is appointed or removed by the Yang Di-Pertuan Agong on the advice of the prime minister. – December 9, 2017.