KUALA LUMPUR: The appointment of Datuk Mohd Dusuki Mokhtar as the new Attorney-General (A-G) was based on merit as a senior lawyer, the Dewan Rakyat heard today.
Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran said Dusuki's seniority, experience and legal expertise were among the reasons the latter was appointed.
"In the government's decision, he (Dusuki) was the most competent, intelligent and experienced candidate, reflecting his seniority and expertise.
"Having faced him in court on several occasions, I can attest to his ability. He is always ahead and demonstrates both independence and integrity," he said during the question-and-answer session in the Dewan Rakyat.
He said this in response to a supplementary question from Dr Abd Ghani Ahmad (PN-Jerlun) who enquired about the government's commitment to appoint the A-G through the proper channels.
Kulasegaran said the government was open to suggestions for appointing the A-G through a parliamentary committee, but added that this must be carefully considered before any final decision was made.
Regarding the separation of powers between the A-G and the Public Prosecutor, Kulasegaran said the Legal Affairs Division under the Prime Minister's Department was preparing an interim report on the separation of powers between the A-G and the Public Prosecutor.
He said the report conducted by the Comparative Studies Task Force would take one year and was expected to be presented for the cabinet's consideration next year.
"The interim report will be conducted based on the findings of an empirical study conducted by the task force.
"It will also include recommendations to be presented to the cabinet for consideration in 2025," he said in response to Teresa Kok (PH-Seputeh) on the status of the institutional reform on separation of powers between the A-G and Public Prosecutor.
Kulasegaran added that the empirical study was conducted in Ottawa and Toronto, Canada in May, as well as in Melbourne and Canberra, Australia in June, this year.
He added that the task force will also conduct a final study in the United Kingdom before concluding the study.
"The task force has also gathered comprehensive and extensive information and data, covering technical, specific and general matters," he said, adding that roundtable discussions had been conducted during the study involving academics, legal practitioners, scholars, civil society organisations and non-governmental organisations from Australia, Canada and Malaysia.
At the same time, Kulasegaran said a scientific study based on societal perspectives on the separation of powers had been completed over six months in collaboration with Universiti Sains Malaysia (USM).
"This study involves various stakeholders, including the public, enforcement agencies, relevant experts and state governments.
"It included the collection and analysis of data and information from stakeholders through various research methods, such as focus group discussions," he said.
Meanwhile, Kulasegaran added that the Comparative Studies Task Force was also reviewing the best model for the separation of powers, given that different models were used in different countries.
Citing Canada and Australia, he added that the role of the A-G in the two countries was limited as they cannot issue directives to the Public Prosecutor, although in certain cases, such as those involving national security, the A-G may issue general directives, provided they are gazetted.
"In Australia, an interesting aspect identified is that civil cases involving the government are handled by a separate department, called the Australian Government Solicitors (AGS).
"However, government agencies are not obligated to use AGS legal services unless in specific cases. Therefore, such aspects must be studied in detail."