BarisaIt is a matter of regret that two senior top prosecutors in the Attorney-General‘s Chambers, Encik Sallehuddin Saidin and Datuk Yusof Zainal Abiden are leaving the Attorney-General‘s Chambers

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Media Statement 
by Karpal Singh
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(Kuala Lumpur, Thursday): It is a matter of regret that two senior top prosecutors in the Attorney-General‘s Chambers, Encik Sallehuddin Saidin and Datuk Yusof Zainal Abiden are leaving the Attorney-General‘s Chambers .It will be difficult to fill the void occasioned by their departure. There is, no doubt, that the criminal division in the Attorney-General‘s Chambers needs to be beefed up to ensure that prosecutions are successful. Of late, failures of the prosecution in high-profile cases have brought into sharp focus the necessity of having a strong prosecutorial division in the Attorney-General‘s Chambers. The wave of serious crimes taking place in the country could well be the consequence of criminals charged in court getting off the hook because of poor prosecution thereby giving confidence and encouragement to would-be criminals. 

In the public interest, I call upon the Government to seriously consider invoking the provisions of 379 of the Criminal Procedure Code which state, 

‘With the permission in writing of the Public Prosecutor, an advocate may be employed on behalf of the Government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the Public Prosecutor. The advocate shall be paid out of he public funds such remuneration as may be sanctioned by the Minister of Finance and while conducting such prosecution or inquiry, or appearing on such criminal appeal or point of law reserved, shall be deemed to be a “public servant”.’

to enable senior lawyers to conduct prosecutions. Perhaps, the Criminal Procedure Code should also be amended to allow lawyers holding watching-briefs to take an active part in the prosecution to ensure success. In the England, Queen’s Counsel is frequently engaged to conduct prosecutions on behalf of the state. We should emulate this example.

(13/9/2007)