PETALING JAYA: As Malaysia moves closer to separating the roles of Attorney General (AG) and Public Prosecutor (PP), calls have emerged to tighten eligibility requirements for the proposed Public Prosecutor’s position.
This includes raising the minimum litigation experience threshold from 10 to 15 years.
Senior lawyer and former Bar Council member Datuk Roger Tan said a higher benchmark is needed to ensure only sufficiently seasoned legal practitioners are considered for a constitutional office that will carry significant prosecutorial powers and independence.
He said raising the bar was important as otherwise, judicial and legal officers who may not yet be regarded as sufficiently senior would nevertheless qualify for consideration.
“Likewise, if even half of the approximately 14,000 advocates and solicitors currently with 10 years of practice experience are engaged in litigation, a very large pool of candidates would meet the threshold.
“By comparison, an advocate and solicitor must have been in practice for at least 15 years to be appointed as a notary public.
“The qualification for such a critical constitutional office should therefore be set at no less than that standard,” Tan said.
He also said the proposed Article 145A(4) of the Federal Constitution, which empowers the King to require a judicial or legal officer appointed as PP to retire at any age on the grounds of national interest, should be removed.
“The term ‘national interest’ is, in substance, a matter determined by the executive, and under Article 40(1A) of the Constitution, the King is obliged to act in accordance with such advice.
“This provision should not be used as a mechanism by which the executive may appoint a junior or compliant judicial or legal officer as PP,” he said.
Tan said the tribunal established to remove the PP should not be presided over by the AG or any former AG who previously held the office of PP.
“Following the separation of the two offices, the AG will remain the chief legal adviser to the government on civil, legal and constitutional matters and will therefore continue to be closely associated with the executive branch.
“If the offices of the AG and the PP are to be accorded equal rank and standing, the AG should neither preside over nor sit as a member of such a tribunal.
“This will safeguard the sanctity and independence of the office of PP,” Tan added.
Former Malaysian Bar president Datuk Kuthubul Zaman Bukhari said the appointment of the PP should be by a special committee that would go through the process of vetting and approval by the parliamentary select committee.
“He is answerable to the Parliament. This ensures that there is no conflict of interest and the PP is independent and not a political appointment,” he said.
“There must be security of tenure so that he cannot be removed arbitrarily.”
