WITH the Malaysian Anti-Corruption Commission (MACC) launching an investigation against Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali, a member of the Parliamentary Special Committee on Corruption (JKMR) urged the anti-graft body to tread carefully on the matter.
“While there is not denying that members of the bench can be sacked for misconduct including corruption charges, there is a special mechanism to do so.
“When judges are levelled with accusations, the Government should set up a tribunal to investigate the matter upon receiving consent from the Yang di-Pertuan Agong.
“For example, former Lord President, the late Tun Salleh Abas was dismissed by a tribunal set up by the Government,” said Hassan Abdul Karim in a statement.
On April 20, blogger Raja Petra Kamaruddin published an article in his Malaysia Today blog alleging that Nazlan was being investigated for having an unexplained RM1 mil in his account.
The blogger alleged that the money came in when Nazlan was serving Maybank as the group’s general counsel and company secretary.
The Office of the Chief Registrar of the Federal Court of Malaysia said Nazlan had since lodged a police report on the allegation levelled against him. He had also denied the claims, adding it was malicious and aimed at tarnishing his credibility as a judge.
On April 23, MACC chief commissioner Tan Sri Azam Baki announced that an investigation paper had been opened after reports were lodged.
On that note, Hassan said it was upsetting that MACC is perceived to be meddling in judicial independence by launching a probe against Nazlan.
Attack on the judiciary?
As an-anti graft body, he added, the MACC should be protecting judges from Executive’s interference so that members of the bench could act without fear and favour.
“In my view, MACC’s action is not only in breach of the concept of separation of powers under a democratic system but also an attack against the judiciary,” Hassan alleged.
The PKR MP also called out MACC’s hypocrisy over the matter, given that several police reports were lodged against its chief commissioner Tan Sri Azam Baki a few months ago but no action was taken.
“In fact, JKMR chairman Tan Sri Rais Yatim even suggested for Azam to take garden leave so as to allow an investigation to be launched against the latter but was refused.
“So, do look at yourselves in the mirror before doing anything. Under Section 14 of the JKMR Act, I’m entitled to issue this statement as JKMR advises the prime minister on matters pertaining to graft.
“Hence, I urge the MACC to act responsibly and according to the provisions of the Federal Constitution,” Hassan remarked. – April 25, 2022
