IDEAS researcher Aira Azhari, who co-authored the soon-to-be released policy paper on AG reforms with lawyer Lim Wei Jiet, told FMT in an interview that the policy paper contained two proposals.
One is to separate the role of the AG as the government’s lawyer and public prosecutor (PP), and the other is for the AG to be selected from among MPs in the Dewan Rakyat.
At present, Aira said, the AG’s conflicting roles raised questions on the ability of the AG to carry out duties independently.
Furthermore, she said, the Yang di-Pertuan Agong’s appointment of the AG was made on the advice of the prime minister.
“This is not a problem if the roles of the AG and PP are separate, as the government, like any person, should have the right to choose its own lawyer.”
IDEAS is proposing the setting up of a public prosecutor’s office, led by a director of public prosecution, an arrangement similar to the United Kingdom’s.
“As to who will be the director of public prosecution, this is something for MPs to decide on.”
She explained that the first step towards the selection of the director of public prosecution would be for the AG to submit a list of candidates to the Malaysian Bar, Sabah Law Association and the Advocates’ Association of Sarawak.
The three legal bodies would then shortlist three names for the selection of the AG.
“Then, a bipartisan parliamentary select committee (PSC) will interview this candidate. If they agree with the AG’s choice, the next step would be for the Dewan Rakyat to vote on the matter.
“Only a simple majority in the Dewan Rakyat would be needed to secure the candidate’s appointment, but the removal of the director of public prosecution from office would require an impeachment process and a two-thirds majority vote in the Dewan Rakyat.”
Aira said this would ensure the director of public prosecution’s tenure and ability to operate independently.
Last year, former AG Gani Patail was abruptly removed from office months before he was due for retirement due to reasons of “ill health”.
He was then leading a special task force investigating allegations of corruption at 1Malaysia Development Bhd (1MDB) and the RM2.6 billion donation received by the prime minister.
IDEAS’ second proposal, Aira said, was for the AG to be appointed by the prime minister from amongst government MPs.
“As the AG will act as the government’s legal advisor, we believe that he should be an MP and a Cabinet member.”
This, she said, would allow for the AG to answer questions in the Dewan Rakyat and also eliminate the duplication of having an AG and a de facto law minister in the government.
“At present, we have a de facto law minister to answer questions on the law and also advise the government. Why should we need a de facto law minister if we already have an AG to assume this role?
“The removal of the AG, should the government decide on such a move, would not be an issue any more as the government would be able to choose who it wants to be its lawyer.”
Aira noted that while selecting an AG who was a government MP might carry the risk that political considerations could override the AG’s “best advice” to the government, it was more important to hold the AG accountable to Parliament.
In any case, she said, should the government act contrary to the law on the advice of the AG, the director of public prosecution could intervene.
There have been calls for reforms to the AG’s duties in the wake of the 1MDB and RM2.6 billion donation issues.
Those who have called for the reforms, including politicians, NGOs and legal bodies, say the AG’s dual role as public prosecutor and government lawyer is a conflict of interest.
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