THE Malaysian Anti-Corruption Commission’s (MACC) probe into Justice Datuk Mohd Nazlan Mohd Ghazali is tantamount to executive interference in the judiciary.
According to the Commonwealth Lawyers Association (CLA) in an open letter to Prime Minister Datuk Seri Anwar Ibrahim, the allegations of Mohd Nazlan violating the judicial code of ethics are not under MACC’s jurisdiction.
It added that the recent decision from the Federal Court appeal brought by three lawyers – Haris Fathillah Mohamed Ibrahim, Nur Ain Mustapa and Sreekant Pillai – indicated that the allegations against Mohd Nazlan were without merit.
“The issue is now res judicata,” the April 20 letter, signed by CLA president Peter Maynard KC, said.
The CLA further expressed concern over MACC’s decision to make a public announcement concerning its investigations and findings against Mohd Nazlan with the lawyers’ group pointing out that such actions are tantamount to a gross violation of the separation of powers.
Despite the fact that the anti-corruption agency is tasked with combatting corruption in the country, CLA noted that such investigations against sitting judges could have detrimental impact towards the judiciary and the rule of law.
“As a government, it is important for the executive to respect, protect and uphold the independence of the judiciary, which is the central pillar of the administration of justice,” according to the open letter.
“The judiciary must remain independent, impartial, and free from any form of interference or coercion especially by the executive.”
The lawyers’ group went on to urge Anwar, as head of the government, to take proactive steps to ensure judicial independence, adding that it was important to have judges who are free to discharge their duties without fear or favour.
In July 2020, Mohd Nazlan, in his previous capacity as a high court judge, had sentenced former prime minister Datuk Seri Najib Razak to 12 years jail and a RM210 mil fine for the misappropriation of RM42 million in SRC International Sdn Bhd funds.
Mohd Nazlan, prior to serving as a judicial officer, had been general counsel for Maybank, which Najib’s lawyer argued would have exposed the judge to knowledge pertaining to SRC International, thus posing a conflict of interest.
However, in August 2022, ad hoc prosecutor Datuk V. Sithambaram told the Federal Court that Mohd Nazlan’s previous employment did not preclude him from hearing Najib’s trial.
He further pointed out that Mohd Nazlan’s previous employment did not mean there was a conflict of interests that prevented him from presiding over the trial. – April 25, 2023
Main pic credit: Malay Mail
