KUALA LUMPUR – The Coalition for Clean and Fair Elections (Bersih) has launched an online petition calling for the government to strengthen the rule of law by separating the role of the public prosecutor from the attorney-general ahead of the upcoming 15th general election (GE15).
The petition notes that the AG is essentially a political appointee who is appointed by the Yang di-Pertuan Agong on the advice of the prime minister.
At the time of writing, the petition – launched on Change.org – has gained just under 340 signatures.
Bersih also said the AG acts as the public prosecutor who has the power to “institute, conduct or discontinue any proceedings for an offence” at his discretion.
As such, this could give rise to conflict of interest, leading to accusations of political interference through selective prosecution and immunity, non-pursuance of existing charges and withdrawal of charges for those aligned with the government, it said in a statement to announce the petition.
“The public prosecutor’s role must be separate, and must be appointed by the Agong through a transparent process that was independent of the prime minister’s influence,” it said.
On the other hand, Bersih also said that the AG could remain as the government’s legal adviser, but without any role in the judicial process.
Urging Prime Minister Datuk Seri Ismail Sabri Yaakob and all parliamentarians to support the separation of the AG’s functions, Bersih said the people will reject political parties that do not uphold the rule of law in Malaysia.
“We do not want ‘double standard justice’ where the rich and powerful can escape justice while the rest of us are expected to be law-abiding citizens or face punishment.
“We urge all Malaysian citizens who cherish the rule of law to sign this petition and after two weeks.
“We will submit it to the prime minister together with our published report Reforming the Office of Attorney-General and The Judicial and Legal Services in Malaysia.”
On Saturday, Bersih issued its initial call for the separation of the two roles.
It cited public unhappiness over the discharge not amounting to the acquittal of Baling MP Datuk Seri Abdul Azeez Abdul Rahim on September 23 following a request by the deputy public prosecutor, saying this showed the necessity of having the prosecution office independent of the AG, who is a political appointee.
“On the same day, the acquittal of Umno president Datuk Seri Ahmad Zahid Hamidi by the high court of all corruption charges in the foreign visa system case has also put the spotlight on the AG, whether he would appeal the court’s decision,” Bersih noted.
“We should be reminded about the principle that ‘justice should not only be done but should manifestly and undoubtedly be seen to be done’,” Bersih said. – The Vibes, September 26, 2022
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