KUALA LUMPUR – The government has been urged to review the attorney-general’s functions and separate them from the role of public prosecutor, said Datuk Seri Azalina Othman Said.
In a statement today, the Dewan Rakyat deputy speaker said no autobiographies or statements of assurance can change the perception and reality of the AG’s office until and unless Parliament reconvenes to carry out much-needed structural changes and reforms.
“The revelations in Tan Sri Tommy Thomas’ memoir prompted the current AG and the law minister to come out in full force to defend the reputation of the hardworking men and women in the AG’s Chambers.
“Against this backdrop, the general perception of the office of the AG remains in stark contrast with the reality.”
Saying she has insisted on such a reform since June 2018, the Pengerang MP pointed out that Pakatan Harapan, in its manifesto, declared that it, as government, would take immediate steps to separate the role of the AG’s office from that of public prosecutor.
Having raised the issue in Parliament on October 24, 2018, she said then deputy law minister, Mohamed Hanipa Maidin, replied that while there was no deadline set for when the PH administration would take action towards this end, it would first conduct comprehensive research.
“By the time the PH government was terminated from public office after 22 months, the ‘comprehensive research’ was ongoing. I wonder how comprehensive that research was, or if there was even any in the first place.”
She said it must be remembered that the office of the AG is a by-product of the federal constitution, therefore, the AG is not a representative of either the executive or judiciary.
“Instead, the AG’s post ought to be an independent office.
“What is obvious from Thomas’ disclosures is that provisions on the office of the AG in the constitution are nothing but an old structure in a new era, what more, with the advent of social media.
“In the context of the ‘real likelihood of bias’, how can a person appointed as AG on the advice of the prime minister, advise the government and simultaneously wield powers to prosecute? Where are the checks and balances?”
If the government and people are to make any progress as a nation, she said, there has to be recognition of Parliament’s ability to serve as a potential buffer with regard to the AG’s appointment and removal, thereby promoting accountability and transparency.
“I sure am not a lone voice in making the call for (the) separation (of powers), as I am also joined by others, such as Emeritus Prof Datuk Shad Saleem Faruqi, who rightly pointed out that separation is needed so that prosecutions can be conducted without fear or favour from political executives, and more recently, the Malaysian Bar president, who urged for separation as it will instil public confidence in the administration of justice, no matter who is appointed as public prosecutor.”
If there is a silver lining from the exposés in Thomas’ book, Azalina said she hopes it serves as a catalyst for MPs from across the divide to unite and make sincere attempts to oversee amendments with regard to provisions concerning the AG’s office under Article 145 of the constitution. – The Vibes, February 10, 2021
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