Letters

Why should we separate A-G and prosecutor's offices?

LETTERS: I REFER to the letter "Separate the offices of the attorney-general and public prosecutor" (NST, Sept 7) by an associate professor of a local university.

He had cited Articles of the Constitution, Criminal Procedure Code and case laws on the matter.

It was rightly pointed out that the attorney-general (A-G) is the legal adviser to the government and the public prosecutor (PP) is the principal prosecuting authority.

The letter concludes that separating the two offices, that is, the A-G and the PP, will increase public trust and confidence in the administrative and legal institutions.

However, there is an absence of justification for this conclusion.

How would the separation boost public trust and confidence? What defines trust and confidence in this context?

The idea of separating these two offices is not new. Regrettably, there seems to be a common practice among academicians to repeat what others have stated. When advocating for the separation, one must first understand the historical context for the reason for merging the two offices.

We should examine whether the powers and responsibilities accorded to the A-G and PP are too wide or contradictory to each other, especially in situations where the PP intends to prosecute a member of the executive branch of which the A-G is also the adviser.

Different opinions and views have emerged regarding the discretionary power of the A-G, which should be considered.

We should explore the status of the relationship between the PP and the A-G in terms of both being guardians of the rule of law, should a separation occur.

In terms of structure, what would be deemed suitable to prevent conflicts between the A-G and PP in the performance of their duties?

Would the PP be subject to the A-G's views and decisions on related matters?

What would the impact be on the solicitor-general's (S-G) position and power in relation to the separation?

Or should the S-G's office merge with the A-G's? This separation will also affect the judicial and legal services, as deputy public prosecutors and federal counsel may find themselves in a closed service.

The position of the A-G itself needs detailing.

The writer should help by providing a well-researched opinion on the placement of the A-G. Should the A-G be a political figure elected to Parliament and tasked with cabinet duties?

As a guide to the idea of separation, it would be prudent to examine Commonwealth and non-Commonwealth jurisdictions as a comparison to arrive at a good conclusion.

ARIFF SHAH R.K.

Penang


The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times

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