LEGAL FRATERNITY VOICES SUPPORT FOR REFORM TO SEPARATE PROSECUTOR AND AG ROLES

KUALA LUMPUR, Jan 5 (Bernama) -- 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.

Explaining the shift, Attorney General Tan Sri Mohd Dusuki Mokhtar said 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 told Bernama when contacted today.

Earlier, 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 Jan 19. 

Sharing the same view, former Court of Appeal Judge Datuk Yaacob Md Sam said the reform would dispel the public perception that the Public Prosecutor acts under the direction or influence of the executive, namely the Cabinet, Prime Minister, or Government.

“The current dual role means the AG, who also serves as Public Prosecutor, often faces dilemmas and external interference, preventing truly independent discharge of duties,” he explained.

“To avoid such perceptions, it is fitting that prosecutorial functions and powers be separated through an amendment to the Federal Constitution,” the former judge added.

Separately, lawyer Razman Sahat noted that after the separation takes effect, the AG will remain the government’s legal adviser but will no longer hold prosecutorial powers, which are currently vested in the office under Article 145 of the Federal Constitution.

“Once amended, that provision will lapse, paving the way for a new, independent body dedicated to a separate and more autonomous prosecutorial function,” he said.

"This is expected to reduce conflicts of interest between political and prosecutorial functions, and will ensure that all criminal cases are reviewed by a prosecuting authority that is no longer also the government’s legal adviser," he said.

Meanwhile, lawyer Mahmud Jumaat said the AG's dual role as government adviser and Public Prosecutor has long drawn criticism, as it creates a perception that prosecution decisions may be swayed by political interests.

"For example, several high-profile cases that were either dropped or withdrawn have raised doubts about the transparency and independence of the prosecution.

“This separation of functions will introduce a clear system of checks and balances on prosecutorial authority, which is a primary driver of this reform," he added.

In agreement, Malaysian Bar Council president Datuk Mohamad Ezri Abdul Wahab described the Bill as a significant institutional reform to address public concerns over transparency within the justice system.

"I believe an amendment to the Federal Constitution will be necessary, requiring a two-thirds majority to pass as the first step in separating the roles of the Public Prosecutor and AG. If that is indeed the proposal, I urge all members of parliament to support it," he said.

Welcoming the proposed legislation, lawyer Muhammad Amin Abdullah said the change would enable both offices to function more effectively, ensuring that prosecution decisions are perceived as fairer, impartial and free from political or executive influence.

"This separation will strengthen the prosecution service by allowing the Public Prosecutor to act independently, neutrally, and with a sole focus on public interest and criminal justice, free from political interference," he concluded.

-- BERNAMA