Kuala lumpur:<Text>
The separation of the roles of the Public Prosecutor and the Attorney General (AG) seeks to establish a more independent prosecution process, free from external interference, especially in high-profile cases. This pivotal move by the MADANI Government, through the tabling of a dedicated Bill, is expected to dispel the longstanding perception that the Public Prosecutor acts under executive direction or influence.
According to BERNAMA News Agency, Attorney General Tan Sri Mohd Dusuki Mokhtar explained that the reform will remove the AG's authority over prosecutorial matters. Instead, the office will be focused solely on its advisory role concerning legal and governmental affairs. "All authority concerning prosecutions and criminal matters will be vested entirely in the Public Prosecutor," he stated.
Prime Minister Datuk Seri Anwar Ibrahim announced during the 2026 New Year Address at the Prime Minister's Department monthly assembly that the Bill to separate the functions of the Public Prosecutor and AG will be the first legislation tabled when Parliament reconvenes on January 19. This announcement marks a significant legislative step towards reforming the judicial system.
Former Court of Appeal Judge Datuk Yaacob Md Sam expressed support for the reform, highlighting that it would dispel the public perception that the Public Prosecutor acts under the direction or influence of the executive. He noted that the current dual role often leads to dilemmas and external interference, hindering independent duty discharge.
Lawyer Razman Sahat elaborated on the post-reform scenario, stating that the AG will maintain the role of the government's legal adviser but will no longer hold prosecutorial powers. This change will lead to the creation of a new, independent body dedicated to prosecutorial functions, reducing conflicts of interest between political and prosecutorial roles.
Lawyer Mahmud Jumaat pointe d out that the AG's dual role has historically drawn criticism for creating perceptions of politically motivated prosecution decisions. The separation of functions is expected to introduce a system of checks and balances on prosecutorial authority, addressing these concerns.
Malaysian Bar Council president Datuk Mohamad Ezri Abdul Wahab described the Bill as a significant institutional reform to enhance transparency within the justice system. He emphasized the necessity of amending the Federal Constitution, urging parliamentary support for the proposal.
Lawyer Muhammad Amin Abdullah welcomed the proposed legislation, asserting that the separation will enable both offices to function more effectively, ensuring prosecution decisions are fair, impartial, and free from political or executive influence. He concluded that this reform will strengthen the prosecution service, allowing the Public Prosecutor to focus solely on public interest and criminal justice.
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