KOTA KINABALU: The federal Cabinet’s decision to proceed with fully separating the offices of the Attorney General and the Public Prosecutor is a significant move toward strengthening the rule of law, the Sabah Law Society (SLS) says.
"This long-awaited reform is a significant step forward in strengthening the rule of law, good governance, and public confidence in Malaysia’s justice system," SLS president Datuk Mohd Nazim Maduarin said Thursday (Sept 11).
He said the fusion of the AG and Public Prosecutor roles had given rise to perceptions of conflict between political considerations and prosecutorial independence.
As such, he said that establishing a separate, constitutionally-empowered Public Prosecutor will ensure that criminal prosecutions are carried out fairly, transparently, and free from executive influence.
"For members of the legal profession, this reform will provide greater clarity in litigation practice, as counsel will engage with a prosecution service that is institutionally independent from the Attorney General’s advisory role to government," he said.
The federal government had agreed in principle to fully separate the roles of the Attorney General and the Public Prosecutor, according to the Prime Minister's Department Legal Affairs Division on Tuesday.
The department said that Law and Institutional Reform Minister Datuk Seri Azalina Othman Said had presented several separation models to the Cabinet.
Mohd Nazim further noted that for accused persons, it will affirm the principle that every individual is entitled to a fair trial conducted by an impartial prosecution before an impartial judiciary.
Mohd Nazim said that the reform will involve constitutional amendments and the drafting of new legislation, including a dedicated Public Prosecutor Act and consequential amendments to the Criminal Procedure Code and related laws.
SLS urges that these reforms be implemented in consultation with all 3 Bars regulating the legal profession in Malaysia - the Malaysian Bar Council (for Peninsular Malaysia), the Sabah Law Society (for Sabah) and the Advocates Association of Sarawak (for Sarawak), civil societies and all stakeholders to ensure smooth transition and continued access to justice during the interim period.
"This separation is not merely structural. It represents a renewed commitment to the sanctity of justice, the protection of rights, and the strengthening of Malaysia’s democratic institutions," he added.
Mohd Nizam said that SLS was prepared to contribute constructively to the implementation of this reform, and remains true to the principle that justice must not only be done, but must be seen to be done.
