An anti-graft NGO has urged the government to make public its draft bill to separate the roles of the attorney-general and the public prosecutor once it is ready.
The Center to Combat Corruption and Cronyism (C4) said the government should also allocate sufficient time for feedback on the proposed bill, considering the magnitude of this reform.
C4 said it was crucial to ensure that the public prosecutor served public interest, the Federal Constitution and the demand for justice, and not the government of the day.
In this regard, it was crucial for the public prosecutor to be granted independence and freedom from any form of executive interference, it said.
“The selection and appointment process for the public prosecutor must be open and transparent. There must be statutorily defined criteria for appointment, open applications and a transparent process of consideration through a parliamentary committee.
“Remuneration and other terms of office must be guaranteed under the law and charged on the consolidated fund to avoid the risk of spurious budgetary cuts at the discretion of the government,” it said in a statement.
The group also said that the public prosecutor’s tenure must be secure while premature removals from the post must be subject to clear criteria and a transparent hearing by an independent tribunal.
C4 said these elements were key to restoring public trust in Malaysia’s criminal justice system, adding that the reform must not simply recreate the same inadequate frameworks.
It cited the sacking of Abdul Gani Patail as AG under the Najib Razak administration at the height of the 1MDB scandal.
The Prime Minister’s Department’s legal affairs division said yesterday that it would draft amendments to several articles of the Federal Constitution, a new reform bill and a new Act to implement the separation of the roles.
Amendments to Articles 145, 183 and 42 of the Federal Constitution will be drafted separately to create a public prosecutor’s position empowered on its own.
A Law Reform (Public Prosecutor) Bill will be drafted as an omnibus to amend several laws, while a new Act on the remuneration of the attorney-general and public prosecutor will also be drafted.
