Page 44 - PH Manifesto English
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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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