N Sivananthan said a lot of time and resources could be saved by allowing state directors to drop or reduce charges against accused persons, even amid a trial.
“The deputy public prosecutors (DPPs) have quick and direct access to their directors to make decisions on representations made,” he said.
Sivananthan said the state directors also have case investigating officers at their disposal and can more readily obtain feedback and issue instructions for further investigations.
He said DPPs conducting trials in court could quickly refer to their directors for a decision if the prosecution’s case was weak.
Sivananthan said this was one of several reforms criminal practitioners would expect the new AG, who is also the public prosecutor, to implement, having taken office last week.
He said given that Dusuki was a “practical” DPP, he would be better able to appreciate the concerns of lawyers, having appeared in court with many of them for trials and in appeals.
Sivananthan said all decision-making in respect of representations over the last 25 years has been centralised and handled by the AG’s Chambers (AGC) in Putrajaya.
Dusuki, 57, a former head of the AGC’s trial and appellate division, was appointed AG on Nov 12, replacing Ahmad Terrirudin Salleh who was appointed a Federal Court judge.
Another lawyer, Salim Bashir, hopes Dusuki will instruct his DPPs not to seek the imposition of high bail sums by the courts for the release of unrepresented accused persons.
“Bail is imposed to secure the attendance of accused persons during the trial and not to punish them before hearing witnesses and going through the evidence,” said Salim, a former Bar president.
He said DPPs must be reminded that accused persons were presumed innocent until proven guilty and as such they must be given the opportunity to post bail with a reasonable sum.
“The AG’s officers in court must act in tandem with the government’s aim to reduce overcrowding in prisons,” he added.
Senior lawyer Hisyam Teh Poh Teik said the AG must bring charges only if he is convinced that a prima facie case can be proved against a suspect.
“This must be motivated by cogent evidence and not based on extraneous factors,” he added.
Hisyam said prosecution must be done after a complete and extensive investigation.
It should not charge first and investigate later, he said.