KOTA KINABALU: The role of the public prosecutor under the proposed separation of powers from the attorney general should be free of political interference but not from accountability, says Datuk Seri Mohd Shafie Apdal.
The Semporna MP and Parti Warisan president said the separation of powers does not automatically guarantee independence of the public prosecutor.
"The public prosecutor must be independent in making decisions but accountable for how the institution is run. Independence must never mean freedom from accountability.
"There must also be a fair and transparent appointment process, security of tenure and strong protection against political pressure or arbitrary dismissal," he said in a statement on Wednesday (Oct 28).
He welcomed the government’s move for a Parliamentary Special Select Committee (PSSC) to examine the proposed separation of powers.
The PSSC is expected to meet next week after receiving legal feedback from the Attorney General's Chambers (AGC).
On the proposals to involve Parliament in the appointment of the public prosecutor and to require annual reports to be submitted, he said it was a positive step but parliamentary oversight must go further.
"The PSSC must ensure that the proposed reforms provide genuine independence, strong legal safeguards and meaningful accountability to Parliament.
"It (separation of powerS) is an important step towards strengthening the rule of law and restoring public confidence in our justice system," he added.
He said for years, questions have been raised about the independence of our prosecution system, especially when cases involve politicians, powerful individuals or those 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 on political considerations.
"This is why I believe the public prosecutor must be independent of the Executive branch but accountable to Parliament," he said.
He proposed a bipartisan parliamentary committee to examine the policies, administration, spending and overall performance of the public prosecutor's office.
"At the same time, Parliament must not interfere in individual cases. No politician, whether from the government or opposition, should decide who gets prosecuted or whose charges should be dropped.
"What is the point of separating the two offices if political influence and interference can still continue? We must not simply change the structure while allowing the same problems to remain," Shafie said.
The real test for an independent public prosecutor would be when the law is enforced against those in power, he added.
