THE Malaysian Anti-Corruption Commission (MACC) has reportedly slammed the Malaysian Bar after the latter said it has no authority to oversee the judiciary in its investigation against former High Court judge Datuk Mohd Nazlan Mohd Ghazali.
New Straits Times quoted its chief commissioner Tan Sri Azam Baki saying that its critics should stop practising double standards.
“Tell these people, the Bar Council or whoever they are, not to practise double standards. I still remember clearly that during my days in the ACA, [the Bar] pushed for us to investigate judges. So why the about-turn now?” he reportedly asked, referring to MACC precursor, the Anti-Corruption Agency.
“We didn’t have the power then, either. Yet, we were once called by the judiciary to investigate a superior court judge.”
However, Azam had declined to divulge details of the case.
Earlier this month, the Bar had criticised the MACC for acting outside its scope of investigatory powers in the Mohd Nazlan issue, saying the probe breached judicial ethics.
It further pointed out that disgraced former prime minister Datuk Seri Najib Razak’s SRC International conviction should no longer be disputed as it has completely run its legal course.
Malaysian Bar president Karen Cheah had said the right body to investigate and decide on the ethical conduct of judges was the Judicial Ethics Committee established under the Judges’ Ethics Committee Act 2010.
MACC, she added, had no role to play in the matter.
However, Azam shot back that his agency’s investigation into Mohd Nazlan’s actions was initiated only after MACC had received eight complaints from the public.
“So, if we don’t investigate, what should we do? You tell me. Should we throw the reports into the dustbin? Keep quiet? The Federal Court had decided that MACC has the power to investigate, that was the conclusion of the judgment,” he was reported as saying.
According to Azam, it is common to conduct investigations into misconduct by public officials, and the MACC has submitted over 100,000 reports to the relevant department heads for further action.
“Our investigations begin with corruption matters. If we discover other elements of misconduct, it is our duty to report them to the heads of department (HODs),” he clarified, adding that once MACC submits its reports to the HODs, its obligation is completed.
“We would just suggest an investigation. But it is up to the HODs whether they want to take any action. Our suggestion is not final,” he noted. – April 20, 2023
