KUALA LUMPUR, Oct 29 — The mechanism for appointing the public prosecutor (PP) after the implementation of the separation of powers between the Attorney-General (AG) and the PP is currently under review by the Special Technical Task Force before any major decisions.
Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Kulasegaran Murugeson said the move is part of the government’s efforts to implement a model for the full separation of functions between the AG and the PP, per the Cabinet decision on September 10, which stipulates that individuals of equal standing hold the two posts.
The separation model was formulated based on a comparative study of Canada, Australia and the United Kingdom, which share a common law legal system similar to Malaysia’s and have implemented various forms of functional separation between the two offices.
“According to Article 145(1) of the Federal Constitution, the Yang di-Pertuan Agong shall appoint the Attorney-General on the advice of the Prime Minister.
“The proposed mechanism for appointing the PP following the separation of roles is under further review by the technical committee (task force) before any major decision is made,” he said during a question-and-answer session in the Dewan Rakyat today.
Kulasegaran was responding to Kepong MP Lim Lip Eng's query on the comparative models referred to by the government for separating the roles of the AG and PP, and whether future appointments of the AG will be subject to a related Parliamentary Special Select Committee.
He added that all parties must give the technical team space to conduct their study, ensuring the separation of powers is implemented comprehensively, following the rule of law and freedom from political interference.
“Once the separation of roles is implemented, the Attorney-General and PP will each have their own jurisdiction. The appointment process for the PP will also be carefully scrutinised to ensure justice and independence are fully upheld.
“I believe the current PP, who carries out his duties independently, serves as the ideal model for the system we are about to implement,” Kulasegaran said, responding to Tumpat MP Datuk Mumtaz Md Nawi's supplementary query on the government’s assurance that the separation of powers will remain free from political interference.
