Kota Kinabalu: Separating the Attorney- General and Public Prosecutor’s offices will mean little if political interference continues to influence prosecution decisions, said Parti Warisan President Datuk Seri Panglima Mohd Shafie Apdal.
He said the proposed reform must go beyond restructuring the two offices to guarantee genuine prosecutorial independence, warning against a system that changes its structure while allowing the same problems to persist.
Shafie welcomed the Federal Government’s proposal to separate the roles, describing it as an important step towards strengthening the rule of law and restoring public confidence in the justice system.
However, he stressed that separation alone would not guarantee independence, particularly when cases involve politicians, powerful individuals or people connected to the Government.
“The public must be confident that decisions to prosecute or drop charges are based on evidence and the law, instead of political considerations,” he said in a statement.
Shafie said the Public Prosecutor should be independent of the Executive but accountable to Parliament, with oversight mechanisms strong enough to scrutinise the institution without compromising decisions in individual cases.
He supported proposals for Parliament to be involved in appointing the Public Prosecutor and for the office to submit annual reports, but said accountability must extend further.
A bipartisan parliamentary select committee, he said, should be empowered to examine the office’s policies, administration, expenditure and overall performance.
At the same time, he cautioned that parliamentary oversight must not become political interference in individual prosecutions.
“No politician, whether from the Government or opposition, should decide who gets prosecuted or whose charges should be dropped,” he said.
Shafie also called for a fair and transparent appointment process, security of tenure and firm protection against political pressure or arbitrary dismissal.
These safeguards, he said, must be entrenched in the Constitution and law rather than left to the goodwill of the Prime Minister or whichever government is in power.
He said the real test of prosecutorial independence would be whether the law could be enforced against those in power with the same resolve applied to ordinary Malaysians.
Government and opposition leaders must be treated equally when suspected of breaking the law, he added, warning against double standards in the justice system.
Shafie urged the Parliamentary Special Select Committee to ensure the proposed reforms deliver lasting independence, legal safeguards and meaningful accountability beyond the tenure of the present government.
“We do not want a Public Prosecutor who is independent in name but still controlled by those in power,” he said, adding that the institution must serve the law, not the government of the day.
Ultimately, he said, Malaysians deserved a justice system they could trust, where political connections, influence and position did not place anyone above the law.
