DEPUTY Dewan Rakyat Speaker Azalina Othman Said has renewed her two-year call for the government to take steps to remove the public prosecutor role from the attorney-general.

Latching on the controversies stirred up by former attorney-general Tommy Thomas in his recently released memoir, Azalina said if there is to be any silver lining from the exposés, it would be the need to reform the AG’s Chambers.

“It should serve as a catalyst for members of parliament from across the divide to unite in order to make sincere attempts to oversee constitutional amendments with regard to the provision concerning the AG’s office,” she said in her blog.

The Pengerang MP from Barisan Nasional said separating the AG’s function from the public prosecutor is “one crucial reform urgently required to restore the public’s faith in the office of the AG”.

This could be done by amending Article 145 of the constitution.

It is a “much-needed” structural change and reform, she added.

“I have been insisting on this since way back in June of 2018.

“Pakatan Harapan’s 15th promise in its manifesto, announced on March 8, 2018, had audaciously declared to Malaysians that ‘the PH government will take immediate steps to separate these two roles’,” she said in reference to the AG being first, the legal adviser to the Agong and the cabinet on all legal matters and second, the chief prosecutor for the government.

“The AG’s functions which he performs as both legal adviser and chief prosecutor also create a situation of conflict of interest whereby the A-G can conveniently render legal advice to the government while being safely confident that whatever actions or omissions that come about from his advice will not be prosecuted because it is he who commence and discontinue prosecutions.

“Indeed, being armed with prosecutorial powers makes the AG one of the most powerful men in Malaysia. 

“Hence, in absence of any proper check-and-balance mechanism to ensure the AG’s independence and accountability, there is greater need to guarantee that the AG’s powers are exercised responsibly and independently,” she said.

In 1960, the government amended Article 145 to enable a prospective AG to be appointed not only from members of the judicial and legal service but also from among politicians, lawyers and even academics. 

The safeguard for the AG’s removal was also obliterated.

“I for one completely agree that the A-G should be accountable to Parliament and his appointment need not necessarily be confined to the judicial and legal service for this will encourage the AG to be answerable to the Dewan Rakyat for his actions and omissions,” Azalina said.

Many Malaysians remain unaware and continue to perceive that the AG enjoys a sufficient degree of independence while in office.

Azalina said what was obvious from Thomas’ disclosures on the office of the AG “are nothing but an old structure in a new era”.

In the context of “real likelihood of bias”, she asked how can a person who is appointed on the advice of the prime minister as AG advise the government and simultaneously wield powers to prosecute?

“Where are the checks and balances? If we are to make any progress as a nation, we must recognise that Parliament can be utilised as a potential buffer with regard to the AG’s appointment and removal thereby promoting accountability and transparency.

“It is pertinent to remember that the office of the AG is a by-product of the constitution and, therefore, the AG is neither a representative of the executive nor a representative of the judiciary. 

“Instead, the post of AG ought to and should be an independent office of its own.”

Azalina said she is not a lone voice in the call for separation.

Constitutional experts like Shad Saleem Faruqi and the president of the Malaysian Bar also urged the separation as it would instil public confidence in the administration of justice.

Thomas’ memoir My Story: Justice in the Wilderness is an account of his experience as AG for two years under the PH government.

Since its release more than a week ago, more than 100 police reports have been lodged against him for allegedly revealing state secrets and criminal defamation. – February 10, 2021.