AG and Public Prosecutor Reform: Government to Present Key Findings to Cabinet Soon

19 Nov 2024 • 8:00 AM MYT
Seri Senking
Seri Senking

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Malaymail.com

The government is set to present an interim report on the study regarding the separation of powers between the Attorney General (AG) and the Public Prosecutor (PP) to the Cabinet soon, according to Communications Minister Fahmi Fadzil. Fahmi, who also serves as the unity government’s spokesperson, reiterated the government’s commitment to reforming the AG’s role, supported by detailed empirical studies.

The initiative to separate the functions of the AG and PP has been ongoing, with studies conducted in countries such as Australia and Canada to guide the process. Fahmi highlighted that the effort includes various consultations and discussions involving local and international legal experts, academics, and civil society organizations.

“Several roundtable discussions have been held with stakeholders from diverse backgrounds. These engagements, combined with insights from international case studies, form the foundation of this reform initiative,” Fahmi stated during a press conference today.

He also confirmed that stakeholder engagement sessions on the matter will continue in 2025 to ensure a comprehensive and inclusive approach to the reform. An interim report summarizing the findings of the study will be presented to the Cabinet in the near term.

Earlier, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said revealed that the separation of powers between the AG and PP will be implemented gradually over two years. This process will draw on empirical research conducted in Canada, Australia, and the United Kingdom.

The gradual separation aims to address concerns about potential conflicts of interest in the current system, where the AG holds dual roles as the government’s chief legal advisor and the country’s top prosecutor.

In a related development, Fahmi addressed the recent appointment of Datuk Mohd Dusuki Mokhtar as the new AG, emphasizing its adherence to legal provisions and the Federal Constitution. Mohd Dusuki, who brings 31 years of prosecutorial experience within the Attorney General’s Chambers, assumed office on November 12. He replaced Tan Sri Ahmad Terrirudin Mohd Salleh, who has been elevated to the position of Federal Court Judge.

The appointment of Mohd Dusuki, 57, was carried out with the consent of His Majesty Sultan Ibrahim, King of Malaysia, in line with Clause (1) Article 145 of the Federal Constitution. Fahmi lauded Mohd Dusuki’s extensive experience and expertise, which he believes will contribute significantly to the country’s legal and judicial framework.

This move underscores the government’s intent to strengthen institutional integrity and ensure the judicial system operates with greater transparency and independence. With the Cabinet set to review the interim findings soon, the government remains focused on implementing reforms that balance the demands for accountability and efficiency within the legal system.

The separation of powers between the AG and PP is seen as a critical step in enhancing public trust and addressing calls for a more independent judiciary. Stakeholder engagements and further studies in 2025 will be key to ensuring the reform is both effective and sustainable.

Source: Government to Present Interim Report on AG and PP Separation of Powers - Malay Mail


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