KUALA LUMPUR – The Malaysian Anti-Corruption Commission (MACC) today defended its decision to initiate a probe into Court of Appeal judge Datuk Mohd Nazlan Mohd Ghazali, saying it is empowered to conduct investigations on any public officers.
The MACC has come under heavy criticism after it launched an investigation on Nazlan, with senior lawyers and politicians warning that it was an attack on the independence of the judiciary and the rule of law.
The investigation on Nazlan was launched after three separate complaints were lodged on March 14, April 23 and April 27, MACC said.
The commission said it has a responsibility to validate and investigate any report or official complaint lodged, involving matters under its purview.
“Under the MACC Act 2009, the agency is given the power to probe corruption cases, including investigating ‘public officers’, as interpreted under Section 3 of the legislation,” it said in a statement.
The section stipulates public officers to include any person who is an officer, employee or servant of a public body, and includes members of the administration, MPs, assemblymen, as well as judges of the high court, Court of Appeal or Federal Court.
“In line with the principle of separation of power, after the investigation process is completed, the investigation paper will be submitted to the Attorney-General’s Chambers for a decision on whether to prosecute.”
The MACC said its probe into Nazlan is not the first to involve a judge and stressed that an investigation does not necessarily mean an individual is guilty of an offence.
“As such, we request that the public afford some room for the investigation to be conducted based on the rule of law,” it said.
On Saturday, it was reported that MACC had initiated an investigation paper against Nazlan after it received complaints regarding allegations of unexplained money in his account. – The Vibes, April 28, 2022
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