PARTI Bumi Kenyalang president Voon Lee Shan backs the proposed separation of powers between the attorney-general (AG) and the public prosecutor.

Voon, who is also a senior lawyer in Sarawak, said discontinuing criminal proceedings should be the prerogative of the judiciary, not that of the prosecutor.

“When the court decides that the criminal charges and prosecutorial effort has no merit, it is the court that decides as a judicial function under Article 121 of the federal constitution,” he said.

He said the powers, empowered to the attorney-general under Article 145(3) of the federal constitution as the public prosecutor, has the potential to shake the confidence of the Malaysian public and investors on the independence of the attorney-general’s chambers and the judiciary from the executive.

He also said the power to discontinue criminal proceedings is against the concept of separation of powers.

“Once a case is instituted before the court, the court takes control and the prosecution should not be allowed to withdraw or discontinue the case based on its whims and fancies, but, should leave the matter for the court to decide whether there are grounds for the case to be withdrawn upon argument by defence counsel.

“If there had been no prima facie case, why even institute criminal proceedings?” he asked.

“To seek discontinuance of criminal proceedings in this way by the public prosecutor, is an utter waste of public funds, and the court is seen as a circus by the public.”

Voon said as it stands now, the attorney-general as the public prosecutor are more powerful than the court.

“This discretionary power has recently seen many high-profile cases involving powerful politicians and some public figures walk free.”

While he argued that the power to discontinue a case should be left to the judiciary, he also said the power to institute criminal proceedings should be with the investigating agencies and not with the attorney-general.

He proposed the creation of the office of director of public prosecutions.

The director of public prosecutions’ tasks, besides advising the investigating agencies of the law and evidence collected should also include the authority to prosecute the case once the case is instituted before the court, Voon added.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said last Saturday said the government will undertake a comprehensive study before finalising the proposed separation of powers.

She said the study would take a year.

Speaking at a lecture in Parliament Lecture Series 3.0: Rebuilding the Nation Through Reforms at Parliament building, she also said about 19 existing laws, as well as the federal constitution, needs to be amended to have that separation of power. –  August 22, 2023.