Reforming the role of the Attorney General

• Main Author: Hamid, Abdul Ghafur@Khin Maung Sein
• Format: Article
• Language: English
• Published: Star Media Group Berhad 2022
• Subjects: K Law (General)
• Online Access: http://irep.iium.edu.my/102090/7/102090_Reforming%20the%20role%20of%20the%20Attorney%20General.pdf; http://irep.iium.edu.my/102090/; https://www.thestar.com.my/opinion/letters/2022/12/04/reforming-the-role-of-attorney-general

Why the Attorney General of Malaysia is so powerful? This is because under Article 145 of the Federal Constitution, the AG is the principal Legal Advisor of the Government of the day and at the same time he has the power of the Public Prosecutor: the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offense. Due to the fusion of the two very important powers in a single person, serious conflicts of interest may occur, especially when the person prosecuted is a powerful figure in Government or a leader of a political party. There can be allegations of political interference through selective prosecution, non-pursuance of existing charges, and withdrawal of charges for those aligned with the government. It is, therefore, absolutely crucial for the roles of the AG and the Public Prosecutor to be separated in order to give independence to the Public Prosecutor. The PP should not be affiliated with any political party, free from any interference of the government of the day, and should independently make decisions without fear and favour.