Putrajaya aims to finalise report on separation of AG-public prosecutor powers by next year


KUALA LUMPUR: Putrajaya hopes to finalise the “report” on the separation of powers between the Attorney General (AG) and the public prosecutor as soon as possible next year, says M. Kulasegaran.

The Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) made this statement after a government backbencher questioned why it has taken two years for the government to conduct studies on the process.

Kulasegaran said while Article 145 of the Federal Constitution can be amended, given the government’s two-thirds majority in the House, an empirical study was necessary.

This empirical study, he said, was needed to ensure the best model for Malaysia, as different countries have different models.

"YB, you were a minister before. It is easier said than done to bring changes," he added, noting that discussions have to be conducted with stakeholders.

"It takes time. But the government is of the view that the matter must be done as soon as possible next year," he added.

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Earlier, Teresa Kok (PH-Seputeh) had claimed that the minister and deputy minister had “travelled around the world to conduct studies on this matter” during a supplementary question in the Dewan Rakyat on Monday (Dec 9).

"Why has it taken two years to conduct studies on this matter, and why can’t Article 145 of the Federal Constitution be amended to conduct such important institutional reforms?" she added.

Kok also said the bill must be brought to Parliament when it convenes its first meeting next year.

Meanwhile, Dr Abd Ghani Ahmad (PN-Jerlun) asked whether the appointment of the Attorney General would be brought to the parliamentary special select committee for major appointments.

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"After the new AG was appointed, Bersih made an open statement that this appointment did not reflect the Madani government’s will to make reforms and has dented the people’s trust.

The AG appointed is the same lawyer who was involved in the discharge not amounting to acquittal (DNAA) given to the Deputy Prime Minister," said Abd Ghani.

To this, Kulasegaran said Datuk Mohd Dusuki Mokhtar was just one among a team of lawyers in Ahmad Zahid’s case.

"The government made the best decision in the appointment. He had the seniority and experience, and he is a capable lawyer," he said.

Kulasegaran said he could attest to Mohd Dusuki’s capability as a lawyer, as he had fought the same cases as Mohd Dusuki in court.

He added that the government will consider Abd Ghani’s proposal to refer the appointment to the PSSC for major appointments.

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