KOTA KINABALU: Warisan President Datuk Seri Mohd Shafie Apdal has welcomed the Federal Government’s proposal to separate the roles of the Attorney General and the Public Prosecutor.
He said this is an important step towards strengthening the rule of law and restoring public confidence in our justice system.
However, Shafie said separating these two offices does not automatically guarantee the independence of the public prosecutor.
“What is the point of separating the two offices if political influence and interference can still continue?
“We must not simply change the structure while allowing the same problems to remain,” he said in a statement today.
For years, the former Sabah Chief Minister said questions have been raised about the independence of our prosecution system, especially when cases involve politicians, powerful individuals or those connected to the government.
He said the public must be confident that decisions to prosecute or drop charges are based on evidence and the law, instead of on political considerations.
This is why I believe the Public Prosecutor must be independent of the Executive but accountable to Parliament.
“I welcome proposals to involve Parliament in the appointment of the public prosecutor and to require annual reports to be submitted to Parliament.
“However, parliamentary oversight must go beyond these measures,” he added.
According to him, a bipartisan parliamentary select committee should be empowered to examine the office’s policies, administration, spending and overall performance.
“At the same time, Parliament must not interfere in individual cases. No politician, whether from the government or opposition, should decide who gets prosecuted or whose charges should be dropped.
“The public prosecutor must be independent in making decisions but accountable for how the institution is run. Independence must never mean freedom from accountability.
“There must also be a fair and transparent appointment process, security of tenure and strong protection against political pressure or arbitrary dismissal,” he said.
Shafie said these safeguards must be clearly provided for in the Constitution and the law, rather than depend on the goodwill of any prime minister or government.
“The real test of an independent public prosecutor is whether the law can be enforced against those in power, just as it is enforced against ordinary Malaysians.
“If a government leader breaks the law, the public prosecutor must be free to act. The same principle must apply to opposition leaders. There must be no double standards.
“This reform must be designed to last beyond the present government. Governments come and go, but the independence of our justice system must remain,” he said.
Therefore, Shafie urged the Parliamentary Special Select Committee to ensure that the proposed reforms provide genuine independence, strong legal safeguards and meaningful accountability to Parliament.
” We do not want a public prosecutor who is independent in name but still controlled by those in power. We want an institution that serves the law and not the government of the day.
“Ultimately, Malaysians want a justice system they can trust, where everyone is treated equally, regardless of their position, political connections or influence. No one should be above the law,” he said.
PUBLIC PROSECUTOR MUST BE FREE FROM POLITICAL INTERFERENCE BUT NOT FROM ACCOUNTABILITY — SHAFIE
KOTA KINABALU: Warisan President Datuk Seri Mohd Shafie Apdal has welcomed the Federal Government’s proposal to separate the roles of the Attorney General and the Public Prosecutor.
He said this is an important step towards strengthening the rule of law and restoring public confidence in our justice system
However, Shafie said separating these two offices does not automatically guarantee the independence of the Public Prosecutor.
“What is the point of separating the two offices if political influence and interference can still continue?
“We must not simply change the structure while allowing the same problems to remain,” he said in a statement today.
For years, the former Sabah Chief Minister said questions have been raised about the independence of our prosecution system, especially when cases involve politicians, powerful individuals or those connected to the government.
He said the public must be confident that decisions to prosecute or drop charges are based on evidence and the law, instead of on political considerations.
“This is why I believe the Public Prosecutor must be independent of the Executive but accountable to Parliament.
“I welcome proposals to involve Parliament in the appointment of the Public Prosecutor and to require annual reports to be submitted to Parliament.
“However, parliamentary oversight must go beyond these measures,” he added.
According to him, a bipartisan parliamentary select committee should be empowered to examine the office’s policies, administration, spending and overall performance.
“At the same time, Parliament must not interfere in individual cases. No politician, whether from the government or opposition, should decide who gets prosecuted or whose charges should be dropped.
“The Public Prosecutor must be independent in making decisions but accountable for how the institution is run. Independence must never mean freedom from accountability.
“There must also be a fair and transparent appointment process, security of tenure and strong protection against political pressure or arbitrary dismissal,” he said.
Shafie said these safeguards must be clearly provided for in the Constitution and the law, rather than depend on the goodwill of any Prime Minister or government.
“The real test of an independent Public Prosecutor is whether the law can be enforced against those in power, just as it is enforced against ordinary Malaysians.
“If a government leader breaks the law, the Public Prosecutor must be free to act. The same principle must apply to opposition leaders. There must be no double standards.
“This reform must be designed to last beyond the present government. Governments come and go but the independence of our justice system must remain,” he said.
Therefore Shafie urged the Parliamentary Special Select Committee to ensure that the proposed reforms provide genuine independence, strong legal safeguards and meaningful accountability to Parliament.
“We do not want a Public Prosecutor who is independent in name but still controlled by those in power. We want an institution that serves the law and not the government of the day.
“Ultimately, Malaysians want a justice system they can trust, where everyone is treated equally, regardless of their position, political connections or influence. No one should be above the law,” he said.
