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COMMENT | Prosecutorial rules, transparency must accompany AG-PP separation
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COMMENT | The debate over the Constitution (Amendment) (No. 2) Bill 2026 has rightly focused on the appointment of the public prosecutor (PP), on who selects the person, and how.

However, there is a second, equally important and underdiscussed question that any serious reform must address. Once appointed, how is the PP held accountable in exercising an extraordinary and largely unreviewable discretion?

Structural independence and operational accountability are not the same thing. Malaysia needs both. This comes down to the “enabling act”, the detailed instrument that defines how the new PP would operate, which has not drawn much public attention.

The gravity of the problem is not abstract. Malaysia has repeatedly and painfully witnessed the consequences of prosecutorial discretion exercised without transparency.

High-profile charges against politically connected individuals have been...


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