THE government has started work on the move to separate the roles of the Attorney-general (A-G) and the public prosecutor, the de facto law minister Takiyuddin Hassan said today.

He said this is being done to ensure justice is served, as well as to fulfil the principles of the rule of law and to protect against any conflicts of interest.

Presently, the A-G plays the dual role of being the government’s legal adviser as well as the public prosecutor in charge of bringing criminal charges.

“The government has started planning to separate the functions of the Attorney-general and the public prosecutor.
 
“The matter will be enhanced by studying how other countries have done this and in accordance with the suitability of our legal system,” he said in a statement today.

He also said that the government would consider setting up a Royal Commission of Inquiry (RCI) to reform the Attorney-General’s Chambers (AGC) if the need arises to look into the trust deficit in the institution.

Takiyuddin also said that the government is always open to taking steps to protect the integrity and public confidence of legal institutions, including the AGC.
 
Earlier today, deputy speaker of the Dewan Rakyat, Azalina Othman Said said the government must establish an RCI to reform the AGC to resolve the trust deficit that the people have on the institution.

“To demonstrate the government’s commitment to improve governance and uphold the Rule of Law, the government should take this timely opportunity to set up a Royal Commission of Inquiry (RCI) on reforming the AGC,” she wrote on Facebook.
 
The Pengerang MP noted that the AGC’s function as the government’s legal adviser, public prosecutor, and the governing body of lower court judges showed that it was in conflict of interest in its various roles.

This, she said, has clouded the practice of rule of law and heightened allegations of selective prosecution and impunity.

The situation has also affected business confidence, which has been reflected in the Corruption Perceptions Index, among others.

She urged that an RCI be set up to separate these roles and to allow the AGC to function only as the government’s legal counsel. – July 23, 2021.