“MACC’s investigations in the judiciary: A symptom of deeper institutional rot”

THE Centre to Combat Corruption and Cronyism (C4 Centre) has strongly objected to the Malaysian Anti-Corruption Commission’s (MACC) over-reach by reminding politicians that the guilt of corrupt individuals as proven in a court of law is not a matter to be politicised.

As the MACC’s current jurisdiction and powers are afforded to them through the MACC Act, there exists no stipulations in the act that would allow them to overstep into deciding whether or not a judge has violated the Judges’ Code of Ethics, an issue that remains within the judiciary’s purview, according to C4 Centre.

“As an executive body under the supervision of the Prime Minister’s Department, this action sets off alarm bells of executive interference into the judiciary,” asserted the C4 Centre. “The Bar Council and prominent lawyers have pointed out that this is an attempt by the MACC to intimidate the Judiciary.”

If the MACC continues to stand by these findings and not retract them or issue an official rectification, C4 Centre is concerned that this would set a dangerous precedent in allowing the executive to undermine the judiciary.

“In positioning themselves as being able to decide on matters of judges’ ethical conduct in a public setting, the MACC could inadvertently erode public trust in the judicial system,” opined C4 Centre.

“This is especially dangerous considering that corrupt politicians by-and-large have been able to escape legal scrutiny owing to the gaps in existing institutions – throwing doubt on such a major decision would hamper subsequent efforts to bring corrupt individuals to justice.”

Given such background, the C4 Centre has made three calls:

  • A royal commission must be set up composed of independent individuals and civil society members to investigate why the MACC had over-stepped its boundaries in investigating Justice Datuk Mohd Nazlan Mohd Ghazli.
  • The royal commission will also need to be given the mandate to investigate all other serious controversies surrounding the MACC including the unresolved corporate share ownership issue involving its chief commissioner, various accusations of political persecution as claimed by politicians that the MACC was alleged to have been spearheading when Perikatan Nasional (PN) was in power.

“There is a serious trust and credibility issue surrounding the MACC and this can only be overcome if proper and independent investigations are carried out to find out the truth,” insisted C4 Centre.

  • The political opportunism surrounding former premier Datuk Seri Najib Razak’s case as well as the propaganda efforts to secure him a royal pardon must be halted.

“Parties and politicians must remember that the crimes Najib committed – heard and tried in the highest court of law – were not the result of poor judgement that would necessitate any mercy but rather a calculated and sustained web of deceit that led to the impoverishment and degradation of incalculable Malaysian lives,” C4 Centre pointed out.

“His deeds have left a deep wound in the nation – a pardon for Najib is spit in the faces of the many who tirelessly worked to bring him to justice against all odds.” – April 18, 2023

 

Main pic credit: The Edge

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