WHILE the Attorney-General legally has a right of audience
before all courts in Malaysia, he should not personally appear for the
prosecution before sessions and magistrate’s courts.
The Attorney-General is a member of the Judicial and Legal
Service Commission. This commission appoints, promotes and disciplines session judges and magistrates. These are provided for in Articles
138 and 144 of the Constitution.
His appearance before these judicial officers could be
intimidating and as such could affect their independence and impartiality
particularly when their promotions depend on the Attorney-General being one of
the members of the commission.
The court should not only be independent and impartial but
also must be seen to be so particularly by those who appear before it.
The Attorney-General should therefore withdraw from
personally appearing before the sessions court in Shah Alam in the trial of the
31 charged for offences arising from the Nov 25 Hindraf demonstration.
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Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
Is it the same AG who changed the Prosecutor in the Altantuya case on the grounds of him having played badminton with the presiding Judge?
It appeared to have happened so long ago so cannot remember which AG was it.
If it is the same AG then is it double standard being practised?
Ng Hong Chai