How can the Public Prosecutor be removed from office under the proposed amendments?

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Grounds for Removal of the Public Prosecutor Under Proposed Amendments

The Public Prosecutor can be removed from office under the proposed amendments if the Judicial and Legal Service Commission represents to the Yang di-Pertuan Agong that the Public Prosecutor is unable to properly discharge their functions due to infirmity of body or mind, or if they have engaged in misconduct, misbehaviour, or breached any provision of the prescribed code of ethics. Following such a representation, the Yang di-Pertuan Agong is mandated to appoint a tribunal to investigate the matter. The Public Prosecutor may then be removed from office based on the tribunal's recommendation.
Grounds for Removal

The proposed amendments explicitly outline several grounds for the removal of the Public Prosecutor. These include inability to discharge the functions of the office due to infirmity of body or mind, as well as misconduct or misbehaviour. A significant addition to these grounds is the breach of any provision of the code of ethics, which is to be prescribed in writing by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission.
Tribunal Appointment and Recommendation

Upon receiving a representation from the Judicial and Legal Service Commission detailing the grounds for removal, the Yang di-Pertuan Agong is required to initiate a process. This involves appointing a tribunal in accordance with specified clauses and referring the representation to this tribunal for its consideration. The ultimate decision to remove the Public Prosecutor from office rests with the Yang di-Pertuan Agong, but this action can only be taken upon receiving a recommendation from the appointed tribunal.
Role of the Judicial and Legal Service Commission

The Judicial and Legal Service Commission plays a pivotal role in the removal process. It is the commission that must make the representation to the Yang di-Pertuan Agong, highlighting the reasons why the Public Prosecutor ought to be removed. This commission's assessment and formal representation are the prerequisite for initiating the tribunal proceedings and any subsequent removal.
Code of Ethics and Parliamentary Oversight

The introduction of a prescribed code of ethics for the Public Prosecutor, which can be breached to warrant removal, signifies an enhanced framework for accountability. Furthermore, the proposed amendments allow Parliament to enact laws concerning the appointment, removal, and reporting procedures of the Public Prosecutor. This suggests a move towards greater legislative oversight in matters pertaining to the office.

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How can the Public Prosecutor be removed from office under the proposed amendments?

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