The AG and public prosecutor should be separated: Bar Council

06 Jun 2016 / 11:17 H.

KUALA LUMPUR: The Bar Council acknowledged that the Attorney-General and public prosecutor should be separated.
The Co-Chairperson of the Bar Council Law Reform and Special Areas Committee Datuk Rajpal Singh said this would need for the Federal Constitution to be changed in which Article 145 provides the AG the power as to whom should or should not be prosecuted.
Admitting this would take time, he proposed a second move which is to amend the Criminal Procedure Code (CPC) section 376 (1) subsection 2 to change the word deputy public prosecutor from the AG.
He was a panel member titled "Should the Roles of the Attorney-General and the Public Prosecutor be Separated?" held at the Universiti Malaya alumni clubhouse here.
theSun editor for Special Reporting and Investigations R. Nadeswaran was the moderator.
Former lawmaker Datuk Zaid Ibrahim, however, noted while a law reform move could be done but it was paramount for other lawmakers, politicians and public to change their mindsets first.
He cited for instance the question of the definition of independence.
"We need a cultural mindset change first, and, unless we get across that, we will be stuck by this "confusion" (powers embedded between the AG and public prosecutor).
"This needs to be done now (rather) than structural change, for instance, educating the public on the benefits of independence," he added.
He cited the first AG Tan Sri Abdul Kadir, who, he said "would not have dreamed to follow Tunku Abdul Rahman (blindly).
The forum will be held nationwide to emphasise on the subject mater.

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