KUALA LUMPUR (Feb 23): Lawyers and retired judges are eligible candidates to fill the proposed public prosecutor role as long as they have 10 years of litigation experience under their belt.
"If we look at the current set-up as discussed, retired judges, lawyers, government servants [can be considered] as long as they have 10 years' litigation experience," Attorney General Tan Sri Mohd Dusuki Mokhtar told The Edge on Monday.
The proposed bill, however, also explicitly prohibits Members of Parliament from being considered for the role unless they resign from their seat.
Mohd Dusuki was present in the Parliament to brief lawmakers on the government's freshly tabled bill that will carve out a separate and distinct public prosecutor’s role and office from the attorney general to fulfil one of the government's long-promised reforms.
The proposed term of office for the public prosecutor is seven years. The bill further provides that the public prosecutor may not be removed from office except on the grounds of inability, from infirmity of body or mind, or misconduct or misbehaviour, and only after a tribunal process.
The attorney general, meanwhile, will continue advising the government on matters of law though legal matters involving criminal law and criminal procedure will fall under the public prosecutor’s purview.
Term can be extended
During the hour-and-a-half briefing session, Mohd Dusuki also fielded questions from the parliamentarians.
Syahredzan Johan (Bangi-DAP) asked if the public prosecutor’s seven-year term in office is capped and if the person can be reappointed. Mohd Dusuki replied that the contract can be extended under the proposed bill.
"Otherwise, the [bill will state the term of office] shall be seven years only," he said, noting that the length of the term was also based on precedence in other countries.
Mohd Dusuki highlighted that the Judicial and Legal Service Commission, also known by its Malay acronym SPKP, will be the body recommending potential candidates to the Yang di-Pertuan Agong, who will appoint the public prosecutor at his discretion.
The arrangement eliminates the role of the prime minister and any perceived influence on the appointment.
The bill also proposes to restructure the SPKP to include the addition of the public prosecutor, the solicitor general, and the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak as ex officio members.
Criminal litigation experience
A large chunk of Monday's briefing saw lawmakers zooming in on whether the words "at least 10 years’ experience in litigation" should be amended to specifically read “criminal litigation” to avoid appointments of ad hoc prosecutors to handle high-profile cases.
They cited the examples of the late Datuk Seri Gopal Sri Ram and Datuk V Sithambaram, who were appointed to prosecute Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor's cases during the term of Tan Sri Tommy Thomas as the attorney general.
Others also highlighted that the public prosecutor’s background should not just be focused on criminal matters, as knowledge in civil and commercial cases can be an added bonus to tackle complex and layered money-laundering cases, for example.
In response, Mohd Dusuki replied that it was the Cabinet's discretion to not specify the area or branch of litigation.
The bill was tabled for the first time on Monday, and the government has voiced its hope for it to be passed in this parliamentary session. The bill involves constitutional amendments and will need the approval of two-thirds of the Dewan Rakyat’s members to pass.