THE Coalition for Clean and Fair Elections (Bersih) is demanding for the separation of powers between the deputy public prosecutor and the attorney-general (AG) to remove suspicion of political interference in cases involving politicians.

This, the Bersih steering committee said, should be implemented before the next general election.

“Whatever the merits or outcome of each case, public confidence in the institutions that administer justice, including the court and the public prosecutor’s office, will continue to be shaken,” it said in a statement.

“Restoring the confidence of the public prosecutor’s office and the judiciary should be the top priority of all political parties and should be supported by all parties.”

Bersih was referring to recent cases involving top Umno leaders.

It said the public sentiment on the discharge not amounting to acquittal (DNAA) of Baling MP Abdul Azeez Abdul Rahim shows the necessity of having the prosecutor’s office independent from the AG, who is a political appointee.

Yesterday, the Kuala Lumpur Sessions Court granted Azeez a DNAA for nine charges related to road projects in Perak and Kedah.

Bersih said on the same day, the acquittal of Umno president Ahmad Zahid Hamidi by the Shah Alam High Court of all corruption charges has also put the spotlight on the AG, whether he would appeal the court’s decision.

“We should be reminded about the principle that ‘justice should not only be done but should manifestly and undoubtedly be seen to be done’,” it said.

“The public prosecutor, who has a key role to assist the judiciary in the administration of criminal justice, should manifestly and undoubtedly be seen as independent, impartial and beyond political interference.

“These can only be done by separating the public prosecutor’s role from the politically appointed AG.”

The High Court yesterday acquitted former deputy prime minister Zahid of all 40 corruption charges involving the foreign visa system (VLN).

Bersih also urged Putrajaya to complete and execute a study undertaken by Minister in the Prime Minister’s Department Wan Junaidi Tuanku Jaafar on the implications of the separation of powers between the AG and the public prosecutor.

“Bersih also urges the government to set up a Parliamentary Special Select Committee (PSSC) on AG Reform to involve the private members from all blocs in the reform agenda,” it said.

Bersih said the precedents are the PSSC on Anti-party Hopping Constitution Amendment and the PSSC on the Control of Tobacco Product and Smoking Bill 2022.

This, it said, has shown the advantages of involving the private members in policy formulation, including successfully achieving consensus between governing and opposition blocs, garnering sufficient support to pass even constitutional amendments and strengthening laws by bringing in the private members’ inputs. – September 24, 2022.