KUALA LUMPUR, Dec 10 — The Malaysian government has entered the second phase of its initiative to separate the roles of the Attorney General and the Public Prosecutor, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said.
In a statement issued last night, Azalina said the government will now look into the need to amend the Federal Constitution and change the country’s laws to enable this reform.
“This second phase will focus on the finalising of the institutional structure, studying of the need to amend the Federal Constitution, amendments to the relevant laws and the enacting of new laws to ensure the implementation of this reform agenda is carried out comprehensively and effectively,” she said.
Currently, the Attorney General carries out the dual functions of advising the government and acting as the public prosecutor.
Azalina said she had yesterday morning handed over the final report of a comparative study — regarding the model for full separation of the AG and public prosecutor’s roles — to the special technical team led by Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran.
She said the report summarises the findings of a comprehensive study, including comparisons of international best practices and the views of more than 7,000 respondents gathered through focus group discussions, surveys and interviews.
Those present at the same meeting included Selayang MP William Leong, who chairs the Dewan Rakyat’s Select Committee on Human Rights, Election and Institutional Reform; Dewan Negara lawmaker Rita Sarimah Anak Patrick Insol, who chairs its Special Select Committee on Law Review; Besut MP Datuk Che Mohamad Zulkifly Jusoh; and Kota Melaka MP Khoo Poay Tiong.
Also present were the Legal Affairs Division (BHEUU) director general Datuk Zamri Misman; Solicitor General II Datuk Seri Umar Saifuddin Jaafar; several senior ministerial officers; and Malaysian Bar president Datuk Mohamad Ezri Abdul Wahab.
On September 10, government spokesman Datuk Fahmi Fadzil said the Cabinet had agreed in principle to fully separate the AG and PP roles, with both positions to be established independently and equally under the Federal Constitution.
On October 6, Azalina said the government plans to table constitutional amendments in Parliament next year to enable the separation of roles and powers of the AG and PP.
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