Separation Powers Between Attorney General and The Public Prosecutor : Azalina leads Malaysia’s delegation to Canada

PUTRAJAYA: Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said is currently leading Malaysia’s delegation to Ottawa, Canada, to conduct a detailed study on the concept of the separation of powers between the Attorney General and the Public Prosecutor.

Azalina said the study on the concept practiced in the respective country aims to obtain direct evidence and serve as a reference for best practices in identifying a suitable model for Malaysia.

She said the Secretariat of the Committee on Empirical Study of the Separation of Powers between the Attorney General and the Public Prosecutor is responsible for preparing a report after empirical studies are conducted in a particular country.

“This is important because the report will form a main component in the interim and final reports of this study, which will be presented for the consideration of the Cabinet,” she said in a statement today.

She added that the empirical study is clear evidence of the MADANI Government’s commitment to realizing the institutional reform agenda to ensure good governance is continuously enhanced for the well-being of the people and the country.

Azalina said the empirical study in Canada began with a roundtable discussion session jointly organized by the Legal Affairs Division (BHEUU) of the Prime Minister’s Department, the University of Ottawa, and the University of Malaya aimed at facilitating dialogue on the structure and functions of the Attorney General and Public Prosecutor practiced in both countries.

She said the discussion session, attended by more than 30 panel members and special speakers from Malaysia and Canada, focused on several key issues, including aspects of prosecutorial discretion, independence, and the Shawcross Doctrine.

Additionally, she said the discussion also focused on the system practiced in Canada and an explanation of the need for the separation of functions between the Attorney General and the Public Prosecutor in Malaysia.

Following the roundtable session, Azalina and the delegation held a meeting with Canada’s Minister of Justice and Attorney General Arif Virani at his office in Justice Canada.

“The Malaysian delegation used the opportunity of the meeting to understand the process of power separation undergone by Canada, such as the level of power separation, the roles and functions of the Attorney General and the Public Prosecutor, as well as post-separation issues and key questions, namely the factors driving the Canadian government to implement power separation in 2006.

“Arif also shared Canada’s experiences at that time, including successes, challenges, legal and financial implications, as well as acceptance from the legal sector and the general public,” she said.

Azalina said the Malaysian delegation is also scheduled to attend several series of important meetings and sessions with senior government officials in Canada to exchange views and share information and knowledge.

On April 2, Azalina was reported to have said that the initiative to separate the powers of the Attorney General and the Public Prosecutor would be implemented in phases over two years through empirical studies in three countries, namely Canada, Australia, and the United Kingdom.