THE Malaysian Anti-Corruption Commission’s probe on Justice Datuk Mohd Nazlan Mohd Ghazali concluded that he had violated the Judges’ Code of Ethics and had a conflict of interest when presiding over the SRC International case.
This was confirmed by Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said in a letter to former prime minister Datuk Seri Najib Razak’s solicitors Shafee & Co dated March 20.
She said this was based on a report of MACC’s findings dated Feb 20, which the anti-corruption agency had extended to her.
The Pengerang MP was responding to a letter from Najib’s solicitors dated March 15 asking whether MACC had written to Chief Judge Tun Tengku Maimun Tuan Mat to recommend that disciplinary proceedings be commenced against Nazlan in relation to his conduct of the SRC case.
The law firm also asked whether MACC had concluded that Nazlan had breached the Judges’ Code of Ethics and had a conflict on interest in presiding over the SRC International case.
“I can confirm that the answers to the questions [you have set out] are in the affirmative,” Azalina was reported as saying in her letter of response to Shafee as reported by FMT.
Days after the Federal Court had dismissed Najib’s bid to review his conviction and sentence, images of a purported letter from MACC chief Tan Sri Azam Baki to Tengku Maimun have been making rounds on social media.
Surat dan laporan keseluruhan daripada SPRM kepada Ketua Hakim (CJ) Maimun baru sahaja bocor.
SPRM dengan jelas meminta CJ mengambil tindakan ke atas Nazlan kerana melanggar Kod Etika Hakim bagi pelbagai pelanggaran seperti yang diperincikan dalam laporan mereka. pic.twitter.com/w4qYufkWPN
— Naratif Rakyat 🇲🇾 (@NaratifRakyat) April 2, 2023
The alleged letter, dated Feb 20, stated that MACC’s investigations had found “issues of wrongdoing” by Nazlan that the chief justice “needs to consider”.
The letter said the alleged offences under the Judges’ Code of Ethics took place when Nazlan, then on the High Court, presided over Najib’s trial on charges of corruption involving funds belonging to SRC International.
It included “the facts of investigations conducted by the commission” as an attachment.
Last September, Azam said the investigation into Nazlan’s alleged breach of the Judges’ Code of Ethics had been completed, but further details could not be divulged.
In February, a seven-member Federal Court panel led by Tengku Maimun 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.
Tengku Maimun said investigative agencies like MACC must consult the chief justice before even initiating a probe against a superior court judge.
Nazlan, now a judge on the Court of Appeal, had convicted Najib in July 2020 on charges of abuse of power, money laundering and criminal breach of trust over RM42 mil in funds belonging to SRC International.
He sentenced Najib to 12 years’ jail and fined him RM210 mil.
Najib’s appeal to the Court of Appeal was later dismissed, and the Federal Court later upheld the conviction and sentence.
Najib began serving his 12-year prison term on Aug 23 last year immediately after the Federal Court decision.
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 6, 2023
Main pic credit: Bernama