THE Malaysian Bar has urged the government to separate the role of public prosecutor from that of the Attorney-General’s office to prevent a conflict of interest.

“The removal of the public prosecutorial role from the A-G is a necessary step to strengthen the independence of public prosecutors, and to promote public confidence in the office of the director of public prosecution.  

“The prospect or appearance of bias would be removed,” said Malaysian Bar president George Varughese.

He said when the two roles are combined, there would be a conflict of interest when the interest of A-G’s client – the government of the day – may not coincide with the public interest.

“Past experience has shown that such situations would arise not infrequently, such as when it is recommended that a public official or politician be prosecuted for an alleged offence,” he said.

Varughese said that race, religion or gender cannot be the criteria when appointing the new A-G.

He added that the A-G should be a career lawyer and not a politician-lawyer, uninvolved in partisan politics, and “widely seen and accepted” as independent and able to implement law reforms of the new government impartially.

“As the principal legal adviser to the government, he or she must possess all-round legal skills, and specialised knowledge in constitutional law,” he said, adding that the A-G must of “unimpeachable reputation and character”.

Prime Minister Dr Mahathir Mohamad announced yesterday that the country no longer has an A-G and that names are being considered for the position.

“However, it is unclear if Mohamed Apandi Ali’s services have been terminated, or whether he has taken a leave of absence in light of the serious allegation that he had hidden evidence of wrongdoings,” said Varughese.

“In either scenario, the rule of law demands that due process be adhered to, and be accorded to, the former A-G,” he added. – May 13, 2018