EVEN in his fragile state of health – having been diagnosed with stage four lung cancer – the fight for justice knows no boundaries for Haris Ibrahim.
Refusing to retire to his bed, the lawyer-turned-human rights defender activist yesterday (May 7) ‘teamed up’ with former magistrate Nur Ain Mustapa and lawyer Sreekant Pillai to file an originating summons (OS) against the Malaysian Anti-Corruption Commission (MACC), its chief commissioner Tan Sri Azam Baki and the Federal Government.
The 63 year-old activist revealed on April 16 on a Facebook posting that he was diagnosed with Stage 4 lung cancer with him probably having “more than three months, less than a year” to live.
Putting his physical agony aside, Haris and his team seek to declare that the MACC was not entitled to investigate judges unless they have been suspended or removed. This comes in the wake of a probe launched by the graft buster agency into Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali.
They also seek a declaration that a public prosecutor is not empowered to institute or conduct any proceedings for an offence serving judges of a court and that investigations against Nazlan were unconstitutional.
“It is not our view that judges of the High Court, the Court of Appeal and the Federal Court are immune from criminal investigation or prosecution. Like all of us, they must be held accountable for any crimes they may have committed,” lawyers Datuk Malik Imtiaz Sarwar and Surendra Ananth pointed out in a statement on behalf of Haris and team.
They added that the Malaysian constitution provides a mechanism to ensure accountability of judges without undermining public confidence in the judiciary.
That mechanism involves complaints being made in writing to the Chief Justice and where such complaints warrant removal of a judge, the appointment of a tribunal to determine that complaint. In the meantime, the judge concerned can be suspended.
In this regard, Haris and team are seeking a declaration that criminal investigation bodies, including the MACC, are not entitled to investigate serving judges of the High Court, the Court of Appeal and the Federal Court except when they are suspended or removed pursuant to Article 125(5) and Article 125(3) of the Federal Constitution respectively.
The MACC has confirmed it had opened an investigation paper into Nazlan on April 23 following a report lodged by Persatuan Sahabat Ulul Amri Malaysia (PSUAM) based on allegations contained in former Goldman Sachs banker Tim Leissner’s testimony in a US court.
According to the group, Leissner’s testimony linked Nazlan to the 1Malaysia Development Bhd’s (1MDB) deal involving Tanjung Energy Holdings Sdn Bhd in 2012.
At the material time, Nazlan was part of Maybank. He joined the judiciary in 2017 as a judicial commissioner.
Elsewhere, former prime minister Datuk Seri Najib Razak’s legal team has also tried to discredit Nazlan by claiming that he had a conflict of interest in the 1MDB case.
Recall that when he was a High Court judge in 2020, Nazlan was instrumental in sentencing Najib to 12 years in prison and a fine of RM210 mil for corruption, abuse of power, and money laundering.
Meanwhile, fellow activist and lawyer Siti Kasim has this to say on Haris who founded the Anything But Umno (ABU) movement (which he funded by selling off his law library and farm in Pahang) in her latest Instagram posting:
“So lovely to meet Haris. In case people don’t know, Haris was one of the key person who was involved in setting up Gerak Independent. He and I sat at a mamak shop putting together the pillars or what you call as manifestos of Gerak Independent. We fought and shout at each other but we know we want the same thing for our beloved country.” – May 7, 2022
