Apart from amending the Constitution, the country should create a Malaysian Prosecution Service (MPS) that functions along the lines of the Crown Prosecution Service (CPS) of the United Kingdom.
With Ahmad Zahid Hamidi’s DNAA, there is renewed furore over the Attorney-General’s power of prosecution.
This duality of roles clearly creates conflict of interest situations. One would be when the attorney-general, acting as legal adviser to the government, has also to consider prosecution of a member of the government. The High Court refused leave to apply for judicial review. The Bar’s appeal to the Court of Appeal was dismissed. The Federal Court in June 2017 also denied the appeal. The attorney-general’s absolute discretion not to prosecute was upheld.
It also makes it abundantly obvious that the attorney-general’s dual roles should be separated to avoid conflict of interest and to ensure that the public prosecutor can act independently.
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