LAWYERS representing Datuk Seri Najib Razak in his SRC International case should apply directly to the Malaysian Anti-Corruption Commission (MACC) if they want the results of its investigation on Justice Datuk Mohd Nazlan Ghazali, said Datuk Seri Azalina Othman Said.
Azalina, who is the Minister in the Prime Minister’s Department (Law and Institutional Reforms) stressed that any matter related to it is under the jurisdiction of the judiciary.
She also reiterated that the Datuk Seri Anwar Ibrahim-led government will always respect and adhere to the principle of the separation of powers.
“On Feb 23 (this year), I gave a verbal answer in the Dewan Rakyat to the question raised by Tenggara and Tasek Gelugor MPs regarding the leak of MACC’s investigation related to the case,” she said in a statement last night.
“I explained that the MACC, through a letter dated Feb 21, informed that one MACC report against Mohd Nazlan was submitted on the same date to the Chief Justice in relation to violations of regulations under the 2009 Judges’ Code of Ethic.”
Azalina noted that she had further informed the Dewan Rakyat that this matter is subject to the decision of the Chief Justice in accordance with Clauses 3 and 3A of Article 125 of the Federal Constitution.
“My response to a letter from Messrs Shafee & Co is also in line with my reply in the Dewan Rakyat and the fact that I am privy to this matter in fulfilling my responsibilities as a member of the administration in Parliament,” she added.
“I have also requested that Messrs Shafee & Co submit an official application directly to the MACC if they wish to obtain the results of its investigation regarding this matter.
“As I stated earlier in the Dewan Rakyat, any matter related to this is under the jurisdiction of the judiciary.”
Mohd Nazlan, now a Court of Appeal judge, was the High Court judge who, on July 28, 2020, convicted and sentenced Najib to 12 years’ jail and a imposed a RM210 mil fine for misappropriating RM42 mil of SRC International funds.
Najib’s legal team claimed a conflict of interest had occurred due to Mohd Nazlan’s tenure as general counsel of Maybank Group in 2006, citing that Maybank Investment Bank Bhd was the body responsible for proposing the formation of SRC International.
Earlier yesterday, Azalina’s aide affirmed the authenticity of a letter sighted on social media in her reply to queries made by Shafee & Co regarding MACC’s probe into Mohd Nazlan.
In the letter dated March 20 to Najib’s solicitors, Azalina said Mohd Nazlan was found to have violated the Judges’ Code of Ethics and had a conflict of interest when presiding over the SRC International case.
She also confirmed that on Feb 21, MACC presented its report on Mohd Nazlan to Chief Justice Tun Tengku Maimun Tuan Mat pertaining to breaches under the 2009 Judges’ Code of Ethics.
In February, a seven-member Federal Court panel led by Tengku Maimun further accused MACC of not following protocol in conducting its investigation into Nazlan.
The investigation followed allegations that unexplained sums of money had been deposited into his bank account.
The Chief Justice said even though investigative bodies are constitutionally entitled to investigate judges of superior courts, that right must be exercised in good faith and only in genuine cases.
Last Friday (March 31) a separate Federal Court bench had dismissed Najib’s application for a review of his conviction and sentence.
The latest ruling means that the former Pekan MP will remain behind bars for the remainder of his prison term will remain behind bars unless he secures a royal pardon from the Yang di-Pertuan Agong. – April 7, 2023
Main pic credit: Bernama
