Reforming the role of the Attorney General

Hamid, Abdul Ghafur@Khin Maung Sein (2022) Reforming the role of the Attorney General. The Star News Paper, 4 December 2022 (Letters to the Editor). pp. 1-4.

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Abstract

Why the Attorney General of Malaysia is so powerful? This is because under Article 145 of the Federal Constitution, the AG is the principal Legal Advisor of the Government of the day and at the same time he has the power of the Public Prosecutor: the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offense. Due to the fusion of the two very important powers in a single person, serious conflicts of interest may occur, especially when the person prosecuted is a powerful figure in Government or a leader of a political party. There can be allegations of political interference through selective prosecution, non-pursuance of existing charges, and withdrawal of charges for those aligned with the government. It is, therefore, absolutely crucial for the roles of the AG and the Public Prosecutor to be separated in order to give independence to the Public Prosecutor. The PP should not be affiliated with any political party, free from any interference of the government of the day, and should independently make decisions without fear and favour.

Item Type:	Article (Newspaper)
Uncontrolled Keywords:	Attorney General, public prosecutor, separate and independent PP, constitutional reform
Subjects:	K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Prof. Dr. Abdul Ghafur Hamid
Date Deposited:	21 Dec 2022 15:06
Last Modified:	21 Dec 2022 15:07
URI:	http://irep.iium.edu.my/id/eprint/102090

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