Sangeet: AG, PP power separation meaningless if interference persists
The separation of powers between the attorney-general and the public prosecutor will still not guarantee true independence on its own, without a change in political culture and the removal of hidden influence, DAP Women's legal bureau head Sangeet Kaur Deo said.
In a statement today, the senior lawyer said that though the announcement on the matter is welcomed, several safeguards would need to be put in place.
Summary
Senior lawyer Sangeet Kaur Deo says the separation of powers between AG and PP will be meaningless without a change in political culture.
PP must be appointed through transparent process, ideally involving Parliament, Sangeet adds.
PKR MP Hassan Abdul Karim calls the separation move as one that is fulfilling.
The separation of powers between the attorney-general and the public prosecutor will still not guarantee true independence on its own, without a change in political culture and the removal of hidden influence, DAP Women’s legal bureau head Sangeet Kaur Deo said.
In a statement today, the senior lawyer said that though the announcement on the matter is welcomed, several safeguards would need to be put in place.
"The government’s recent announcement that it has agreed in principle to separate the roles of the attorney-general and the public prosecutor is a welcome step.
“It is hoped that this proposal will resolve a long-standing tension in our legal system, where the same office has been tasked both with advising the government and with prosecuting offences on behalf of the state.
"Beyond structures and laws, the deeper challenge lies in political culture. Even the most carefully drafted provisions will falter if informal practices of influence or interference are allowed to persist," Sangeet said.
She proposed to have the public prosecutor appointed through a transparent process, ideally involving Parliament, or an independent body, rather than leaving the matter to the discretion of a "select few."
Sangeet said that a fixed tenure must also be enforced to protect the public offices from subtle pressures or inducements, and that any directions from the attorney-general or government to the public prosecutor should be made public.
"The proposed separation is an opportunity to restore public trust in Malaysia’s justice system, but for this change to carry any real meaning, both the attorney-general and the public prosecutor must be firmly insulated from political interference.
"Anything less will simply reproduce the same old problems, under new titles.
"The heart of the issue has always been undue influence, and unless that is addressed head-on, the separation risks being only symbolic. So, this proposed change must go beyond structural revolution. It must deliver substance," Sangeet added.
Full separation
Communications Minister Fahmi Fadzil yesterday announced that the cabinet has agreed to fully separate the powers of the attorney-general and public prosecutor through amendments to the Federal Constitution.
This came after two years of study and a cabinet review of several models to divide the roles.
During the weekly post-cabinet press conference in Putrajaya, he said that the government had agreed in principle to the process, following Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said’s presentation.
PKR's Pasir Gudang MP Hassan Abdul Karim threw his full support behind the move, calling the decision as one that is "fulfilling".
"I regard this decision as fulfilling, among other things, a key demand of the legal reform agenda under the current government.
"As a lawyer myself, I am also aware that several constitutional amendments will need to be made by Parliament.
"In this regard, I hope that all parties, whether from the government or the opposition, will support efforts to realise this crucial institutional reform for our nation, Malaysia, by approving the amendments to the Federal Constitution later," he said in a statement.
