Maldives Bar Association has said that the advice given by Attorney General (AG) Mohamed Anil, stating that the Prosecutor General’s (PG) Office can be headed by the most senior legal official at the office in the absence of a Prosecutor General and a Deputy Prosecutor General, contradicts the Constitution.
Bar Association said in a statement issued tonight (Thursday night) that the law states that in criminal proceedings, the State should be represented by the Prosecutor General or a person appointed by him.
The association said that in the absence of a Prosecutor General who by law has the authority to represent the State in criminal proceedings, as well as a Deputy Prosecutor General who should assume the responsibilities of the Prosecutor General in his absence, it would not be possible for attorneys of the PG Office to represent the Prosecutor General in court.
The association further said that the post of Prosecutor General is an independent post established under the Constitution, and attempts by any government institution to influence and instruct PG Office attorneys to attend court proceedings undermines the independence of this post.
Bar Association also called on relevant institutions to expedite the appointment of a Prosecutor General to eliminate the criminal justice system void faced by the country.
Meanwhile, Chief Justice Ahmed Faiz Hussain has said that the Supreme Court has stated in previous rulings that there are no legal obstructions to attorneys of the PG Office representing the State in court in the absence of a Prosecutor General and a Deputy Prosecutor General.