Lawyers: Constitution must be amended to remove AG's prosecutorial powers

Free Malaysia Today

Lawyers have countered the argument that the functions of the attorney-general and public prosecutor can be separated by tweaking the Criminal Procedure Code, saying separation of powers will require amendments to the Federal Constitution itself. Speaking to FMT, they said this was because the constitution is the supreme law of the country. Any amendment to a federal law would be insufficient and could be subject to legal challenge for being unconstitutional, they added. SN Nair said Article 145 (3) must be amended for the attorney-general to give away his prosecutorial power.