THERE cannot be opposing arguments in the criminal probe by the Malaysian Anti-Corruption Commission (MACC) against the Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali.
In other words, there is no law that states that a sitting judge cannot be probed for allegations of graft by the MACC or any other law enforcement bodies.
The idea that the sanctity of the judiciary will be impaired by such a probe is no argument at all.
Rectifying the law to ensure a sharper focus on the investigation of judges might be welcome.
However, saying that in the larger interest of separation of powers that judges can only be investigated by a special body other than the mundane law enforcement agencies goes against the spirit of the law enforcement in the country.
Judges are endowed with high status and respect by virtue of their expected role but beyond this, judges are just ordinary persons who are subject to the laws of the land.
The argument that MACC cannot probe a sitting judge is more a reaction to the shady forces behind the attempts to tarnish the reputation of Nazlan who had proved to be competent and fair judge.
In order to maintain the integrity and reputation of the judiciary in general and Nazlan in particular they must be subject to public scrutiny.
It is only with public scrutiny in the form of investigations that judiciary can be cleared from doubts and misperceptions. There cannot be arguments that call for a special inquiry without the due process of law.
It is not that I am uncertain about Nazlan’s character and reputation as he has an impeccable judicial record.
It just unfortunate that spanners are being thrown in the works to free Datuk Seri Najib Razak from going to jail.
But even if the allegations against Nazlan are considered frivolous or vexatious, they must be investigated.
The MACC has the right to investigate although it has shown more interest in this case than others.
It cannot even investigate and clear its own chief commissioner Tan Sri Azam Baki for dabbling in the share market.
There is no need to shield Nazlan from the investigation, however petty and politically-motivated the allegations against him are.
The arguments for and against the MACC’s investigation of Nazlan misses the point of the source of these allegations.
Who are behind these allegations, what is the nefarious role of fugitive blogger Raja Petra Kamarudin who is hiding in the UK and what is this fugitive’s relationship with Najib’s camp?
More importantly, how much was “exchanged” for the fugitive blogger to cast aspersions on a sitting judge?
What is strange is that the surreptitious attempt by one man to free himself from going to jail has thrown the entire judiciary into chaos.
I am sure Nazlan will be cleared of any wrongdoings but the torment that the entire judiciary and the country have to go through is unbelievable.
This is the price we have to pay for corruption and financial misdeeds involving those in power and positions. – May 10, 2022
