KUALA LUMPUR – Justice Mohd Nazlan Mohd Ghazali, who made history in Malaysia as the first judge to convict a former prime minister, has been transferred from the criminal courts to the civil courts.
Online portal MalaysiaKini reported that the Malaysian Bar was made aware of the move through a circular issued to all members by its secretary, A.G. Kalidas.
“Chief Judge of Malaya Tan Sri Azahar Mohamed has extended to us a copy of a directive for change (pertukaran) His Honorable Judge of the High Court of Malaya Bil 2/2021.
“Please be informed that the following placement will take effect on March 1, 2021 (Monday),” the circular reportedly read.
Nazlan has been instructed to move to the Kuala Lumpur High Court (NCvC 2) from Kuala Lumpur High Court (Criminal 3).
Lawyer and Bar member Syed Iskandar Syed Jaafar reportedly confirmed receiving the circular but said the transfer, in light of Nazlan’s role in convicting Datuk Seri Najib Razak in his corruption trial, will raise eyebrows.
He was quoted as saying that the transfer could lead to the public questioning the independence of the judiciary.
“It is strange for such a transfer to only involve a single judge. We should have instead been on the path to independence of the judiciary with Nazlan’s brave decision.”
In July 2018, Nazlan was transferred to the criminal court from the commercial court. He presided over Najib’s RM42 million SRC International Sdn Bhd corruption case after taking over from Datuk Mohd Sofian Abd Razak.
Nazlan had handed Najib a guilty verdict over seven charges linked to RM42 million in SRC International funds, a former subsidiary of the scandal-ridden sovereign wealth fund 1Malaysia Development Bhd.
The judge found Najib guilty on one count of abuse of power, three counts of criminal breach of trust (CBT) and three counts of money laundering, and sentenced Najib to 72 years' jail.
Najib was handed a 12-year jail term and fined RM210 million for abuse of power, 10-year jail terms for each CBT charge, and 10-year jail terms for each of his money-laundering charges, but will only serve 12 years in total as Nazlan had instructed that the sentences run concurrently.
Najib will be jailed for another five years if he defaults on the RM210 million fine.
However, the defence counsel succeeded in obtaining a stay of execution pending an appeal at the appellate court.
Currently, Nazlan has a few high-profile cases on his plate before his transfer, including Najib’s ongoing CBT case involving RM6.6 billion in government funds, which is slated to begin in September.
This will see Najib and former treasury secretary-general Tan Sri Mohd Irwan Serigar Abdullah facing six counts of CBT.
Another pending 1MDB-linked case is the government’s US$340 million forfeiture suit against PetroSaudi International Limited and four others.
He had also presided and is still presiding over other high-profile corruption cases against Umno politicians, including former Felda chairman Tan Sri Mohd Isa Samad concerning the purchase of Merdeka Palace Hotel and Suites by Felda Investment Corporation Sdn Bhd.
Nazlan is set to deliver his end-of-defence decision on Isa on February 3. – The Vibes, January 23, 2021
