The Collective of Applied Law & Legal Realism (CALR) is the rapid delivery mechanism of AmerBON, Advocates’ pro bono services.
CALR hosted the Legal Aid Chit Chat Clinic No. 8 on 16 June 2020 to dissect the long-standing issue of whether it is appropriate for the Attorney General (AG) to also hold the position of the Public Prosecutor (PP). The former advises the Government while the latter prosecutes offenders.
The topics discussed included:
- difference and distinction between the AG and the PP
- power of the PP and the significant role he/she plays against a person charged in a criminal court
- scope and duties of the AG pursuant to section 145 of the Federal Constitution
- dual roles of AG and PP held by the same individual and the problems of conflict of interest
- discretionary power accorded to the AG by virtue of Article 145(3) of the Federal Constitution in instituting, conducting or discontinuing court proceedings
- judicial development in reviewing the AG’s decision, including a discussion on Rosli Dahlan v. Tan Sri Abdul Gani Patail & Ors  11 MLJ 481