Page 44 - PH Manifesto English
P. 44

Promise  15:  Separating  the  Office  of  Attorney  General  from

               Public Prosecutor



                       The Attorney General is the principal legal adviser to the Government

               and  this  role  should  be  preserved.  But  there  is  an  inherent  conflict  of
               interest if the Attorney General also serves as the Public Prosecutor because

               the Government is like a “client” of the Attorney General. It is inappropriate

               for  a  lawyer  to  also  hold  the  ultimate  authority  to  determine  whether  his
               client should be prosecuted.



               Pakatan  Harapan  believes  that  it  is  best  if  the  position  of  the  Attorney
               General and Public Prosecutor are separated so that the conflict of interest

               can  be  removed.  This  is  in  line  with  the  practice  in  many  countries  that
               adopt the Westminster system like Malaysia.



               The  Pakatan  Harapan  Government  will  take  immediate  steps  to  separate
               these two roles.



               The  Attorney  General  shall  be  appointed  from  amongst  the  qualified
               Members of Parliament, and he would become a Minister who can continue

               the role as chief legal advisor to the Government.


               The  position  of  Public  Prosecutor  will  be  held  by  another  independent

               individual  who  can  act  without  partisan  interest.  The  person  will  lead
               Malaysia’s  Public  Prosecutor  Office,  enjoying  autonomy  to  exercise  his

               prosecutorial powers.




















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