NGO Lawyers for Liberty (LFL) has urged the next attorney-general to be selected from those who do not have political affiliations, saying there are numerous such qualified candidates.

Its executive director Eric Paulsen cited the case of the present AG, Mohamed Apandi Ali, who was an Umno candidate before his appointment.

“We recall that former AG Apandi Ali previously contested as an Umno candidate in the 1990 general election, and his independence was severely questioned upon his appointment to the office.

“That he further went on to exonerate (former prime minister) Najib Abdul Razak from any wrongdoing under 1MDB merely highlights the danger of appointing those with party background to the role of AG,” he said in a statement today.

In September 2016, Apandi was also spotted in a video revelling with BN leaders and wearing a BN uniform at a Merdeka Day event.

Since taking over the government, Pakatan Harapan has indicated Apandi's fate hangs in the balance.

Yesterday, Prime Minister Dr Mahathir Mohamad told the press “at the moment, we do not have an attorney-general,” when commenting on investigations into individuals who could have committed wrongdoings in relation to the 1MDB scandal.

Paulsen said while the AG is a political appointee, the critical reform of separating the post of the AG from his responsibilities as the public prosecutor has not been accomplished yet.

“As such, it is critical that the person appointed must be able to carry out his or her duties independently – and by extension, the person cannot be bound by a party position or membership.”

Therefore, Paulsen said, while there are many lawyers who are party leaders or elected representatives of Harapan who are qualified for the role of AG, “their party background however suggests that they are better suited for the role of law minister”.

He added that the AG must be able to act independently and command public confidence and perception in his or her ability to do so, regardless of which side of the political fence the offender is on.

“We call upon the Harapan government to recognise that in this transition period, it is critical for public trust in the AG’s post be restored, given the way Apandi Ali and the previous AGs had abused their role.

“Until reforms have been completed, the AG must be a person with full public confidence and independence to carry out his or her role.”

He said there are many prominent former judges and senior lawyers who have remained active either in civil society or in their own individual capacities, all of whom would be suitable candidates.

Independent AG 'cannot wait'

Civil society groups Bersih, C4, Suaram, Pusat Komas and Engage echoed Paulsen's call for an non-politically linked AG as an immediate interim measure, while Harapan works towards setting up an independent public prosecutor's office as promised in the coalition's manifesto.

The groups in a joint statement conceded the latter plan would take some time as laws need to be changed to pave way for such a separation of powers.

“We therefore urge Harapan government to instil public confidence by appointing a legal expert with high integrity, public credibility, proven track record of excellent knowledge and experiences in the field of law, who is independent from Harapan to become the new interim AG until an independent public prosecutor office is established.”