A situation of conflict of interest arises when AG, as legal adviser to government, has to prosecute politicians for criminal offences, says Bar president George Varughese.
Bar president George Varughese says the new AG should be a career lawyer and not a politician-lawyer, uninvolved in partisan politics and widely seen as being independent.
PETALING JAYA: The Malaysian Bar wants the newly-installed Pakatan Harapan government to have separate persons holding the positions of attorney-general (AG) and public prosecutor (PP) to prevent conflict of interest.
Its president, George Varughese, said at present, the AG had two separate and distinct roles under the Federal Constitution.
He is both the principal legal adviser to the government and also the PP.
“As the PP, the AG is required to act independently and impartially, and to act as the guardian of the public interest, uninfluenced by any political considerations.
“He thus finds himself in an unenviable and arduous position of conflict of interest from time to time, when the interest of his client — the government of the day — may not fully coincide with public interest,” he said in a statement.
He said past experience had shown that such situations would arise when politicians were prosecuted for criminal offences.
“It is therefore crucial to separate the office of the AG from the office of the director of public prosecution, with the AG only acting as adviser to the government, and a separate director of public prosecution making decisions on matters of prosecution,” he added.
He said the removal of the PP’s role from the AG was a necessary step to strengthen the independence of the PP and to promote public confidence in the office of the director of public prosecution.
He said the new AG should be a career lawyer and not a politician-lawyer, uninvolved in partisan politics and widely seen and accepted as independent and able to implement law reforms of the new government impartially.
He said the AG must possess all-round legal skills, and specialised knowledge in constitutional law and possess an unimpeachable reputation and character, integrity and honesty.
Varughese said this in response to Prime Minister Dr Mahathir Mohamad who announced yesterday that the country no longer has an AG and that names were being considered to replace AG Mohamed Apandi Ali in light of the serious allegation that he had hidden evidence.
Earlier today, Puchong MP Gobind Singh Deo had urged Apandi to resign as Mahathir no longer had confidence in him.
However, Apandi told FMT that he needed time to discuss his position with his team of lawyers. He would also consult with the Queen’s Counsel (eminent lawyers) from the United Kingdom about his situation.
On March 15, PH, in unveiling its manifesto, pledged to separate the responsibility of the AG from that of the public prosecutor.
However, it said the AG would be appointed from a qualified MP and will be a minister, acting as legal adviser to the government.
The public prosecutor, meanwhile, will be an individual who is free from political interests, with autonomy in carrying out prosecutions.
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