COMMENT | Prime Minister Dr Mahathir Mohamad announced yesterday that the country no longer has an attorney-general at the moment and that names are being considered to determine the suitability of the candidates.

However, it is unclear if Mohamed Apandi Ali’s services have been terminated, or whether he has taken a leave of absence in light of the serious allegation that he had hidden evidence of wrongdoings.

In either scenario, the rule of law demands that due process is adhered to, and be accorded to the former attorney-general.

As the attorney-general is the principal legal adviser to the government, it is critical for a new attorney-general, with the requisite qualifications and capability, to be appointed without delay.

At present, the attorney-general has two separate and distinct roles under the Federal Constitution. He is both the principal legal adviser to the government, and he is also the public prosecutor.

As the public prosecutor, the attorney-general is required to act independently and impartially, and to act as the guardian of the public interest, uninfluenced by any political considerations.

He thus finds himself in an unenviable and arduous position of conflict of interest from time to time, when the interest of his client - the government of the day - may not fully coincide with the public interest.

Past experience has shown that such situations would arise not infrequently, such as when it is recommended that a public official or politician be prosecuted for an alleged offence.

It is, therefore, crucial to separate the office of the attorney-general from the office of the director of public prosecution, with the attorney-general only acting as adviser to the government, and a separate director of public prosecution making decisions on matters of prosecution.

The removal of the public prosecutorial role from the attorney-general is a necessary step to strengthen the independence of public prosecutors, and to promote public confidence in the office of the director of public prosecution. The prospect or appearance of bias would be removed.

In order for law reform to take place as a matter of priority and free from the shackles of the past decades, race, religion or gender cannot, and must not, form any part of the criteria when appointing the new attorney-general.

The new attorney-general should be a career lawyer and not a politician-lawyer, uninvolved in partisan politics, and widely seen and accepted as independent and able to implement law reforms of the new government impartially.

As the principal legal adviser to the government, he or she must possess all-round legal skills, and specialised knowledge in constitutional law.

It must also be a pre-requisite that the new attorney-general possess an unimpeachable reputation and character, integrity, honesty, and sound legal knowledge and learning.

An attorney-general with such qualifications and qualities will enjoy the confidence of the public - and the Malaysian Bar in particular - and such an appointment would augur well for a new beginning.

GEORGE VARUGHESE is president of the Malaysian Bar.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.