Zaid Ibrahim backs NGO's call for separation of AG, public prosecutor roles

Former minister Zaid Ibrahim is in agreement with the call from the Institute for Democracy and Economic Affairs’s (Ideas) for the separation of the attorney-general (AG) and public prosecutor roles.

He was present at a forum organised by Ideas, entitled 'Should the roles of the attorney-general and the public prosecutor be separated?' at the Universiti Malaya Alumni Association club house in Kuala Lumpur today
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“We should follow other developed countries (in separating the roles of the attorney-general and the public prosecutor),” Zaid said during the discussion.

He was referring to nations like the United Kingdom and Australia, where the attorney-general is answerable to the Parliament and not to the executive (the prime minister), while the director of public prosecution is independent in making decisions to prosecute.

Ideas chief executive Wan Saiful Wan Jan had mentioned in a statement earlier that with one individual holding both the attorney-general and public prosecutor roles, it would create a conflict of interest if a particular case involved the government.

“The attorney-general is the chief legal advisor to the government, while the public prosecutor is expected to make decisions on whether or not to prosecute a case […] it is not fair on the AG to be burdened with this conflict of interest because it could lead to a situation where people question the integrity of even the most honest and dedicated AG,” Wan Saiful said.

Bar Council member Rajpal Singh and Centre to Combat Corruption and Cronyism (C4) president Cynthia Gabriel, who were part of the forum panel, also expressed support for Ideas’ call for the separation of roles.

The forum was organised by the Institute for Democracy and Economic Affairs (Ideas) in conjunction with the launch of their #NyahKorupsi (#EliminateCorruption) campaign.

Besides strengthening the institution of attorney general and public prosecutor, Ideas also urged that three other steps be taken in order to achieve the government’s National Key Recovery Area (NKRA) Fighting Corruption targets.

They consist of:

· Upgrading the Malaysian Anti-Corruption Commission (MACC) into a constitutionally mandated Independent Anti-Corruption Commission (IACC);

· Amending relevant parts of the MACC Act 2009 to give more investigative powers to the relevant bodies; and

· Amending Acts like the Official Secrets Act, Whistleblower Protection Act, Witness Protection Act, and to introduce laws that enable freedom of information and asset declarations.