KUALA LUMPUR (Feb 12): Several civil society groups, including Bersih, have proposed creating an independent Prosecutorial Service Commission (PrSC) to oversee the new Public Prosecutor (PP), instead of the current Judicial and Legal Services Commission (JSLC). The move aims to ensure that prosecutors remain independent from the Executive and public service. The recommendation comes as the government considers separating the roles of Attorney General (AG) and PP.

According to a statement issued on Thursday, the proposed PP would have full authority over criminal prosecutions, except in syariah, native, and military courts, and would operate independently from the AG. The AG would only be consulted in exceptional national security cases, and any advice must be in writing — but the PP would not be obliged to follow it. Separating prosecutorial and judicial services would also prevent the PP from influencing appointments of magistrates, Sessions Court judges, and court registrars.

The PP would also assume some responsibilities currently held by the AG, such as providing written opinions to Pardons Boards. The relationship between the AG and PP would be formally set out in law, with all duties, codes of conduct, and ethics legally binding and publicly available.

The groups raised concerns over recent prosecutorial decisions in cases involving political figures, noting that discretionary powers have been questioned. They also warned that the government’s proposed introduction of deferred prosecution agreements (DPAs), which allow corruption cases to be settled without trial, could increase the risk of executive interference and preferential treatment.

While supporting the separation of the AG and PP roles, the groups emphasised the need for strong safeguards, including clear legal requirements for transparency, accountability, and parliamentary oversight to prevent abuse of power. They proposed that the PrSC should be empowered to nominate tribunal members for the Yang di-Pertuan Agong’s (King) approval in any PP removal process, without involvement from the prime minister or AG.

They also recommended that rules governing prosecutions be codified and made public, with the PP required to submit annual reports to Parliament. The PP must appear before parliamentary committees when requested to answer questions on prosecutorial policies, performance, and administration. A permanent Dewan Rakyat Select Committee should oversee the PP’s work, but it cannot compel the PP to start, stop, or alter prosecutions. The committee should ideally be chaired by an opposition MP.

The proposal was presented during a Rasuah Busters programme attended by members of the CSO Platform for Reform, a coalition that includes Bersih, Suaram, and the Centre to Combat Corruption and Cronyism (C4). Under the plan, the PP would be appointed by the Yang di-Pertuan Agong based on advice from the PrSC, which would shortlist 3–5 candidates for vetting by a Parliamentary Select Committee before final approval by the King.